ABSTRACT
This paper interrogates the continued use of the provocation defence in India post-independence, emphasizing its colonial origins and patriarchal application. It argues that the defence disproportionately benefits male offenders, particularly in domestic or ‘honour’-based violence, thereby perpetuating gender injustice. The paper highlights the evolving judicial stance towards gender-sensitive adjudication by examining key judgments and legislative interpretations. It advocates for either a doctrinal overhaul or abolition of the defence, aligning criminal law with constitutional principles of equality and non-discrimination. The analysis contributes to the discourse on decolonizing Indian penal jurisprudence and strengthening gender-just legal responses.
