Abstract

Going by our Criminal Code, a person is not criminally responsible for an assault on another person who gives him provocation; if it can be
proved that he is deprived by the provocation of the power of selfcontrol. There is also a provision that
the force used must not be disproportionate to the provocation, and must not be intended and likely to cause death or grievous harm.
When successfully proved, provocation may reduce the offence of murder to manslaughter. According to the same Criminal
Code a person is not criminally responsible for a crime if at the time of the crime he is in such a state of mental disease or natural mental infirmity as to deprive him among other criteria of the capacity to control his actions In this essay I argue that when somebody through provocation is
deprived of the power of self- control that such a person so deprived of self- control is not in a position to
determine the amount of force that is proportionate to the provocation. Such a person is not in a position to determine if his response can cause grievous harm or death. Viewed this way the defence of provocation and the defence of insanity appear to have something in common.

Key words: Keywords: Provocation; Psychiatric disorders; Insanity plea; Passivity experiences.