When culpable homicide is not murder
Exception 1.—Culpable homicide is not murder if the offender whilst
deprived of the power of self-control by grave and sudden provocation, causes the
death of the person who gave the provocation, or causes the death of any other
person by mistake or accident.
The above exception is subject to the following provisos:
(a) that the provocation is not sought or voluntarily provoked by the offender
as an excuse for killing or doing harm to any person;
(b) that the provocation is not given by anything done in obedience to the law,
or by a public servant in the lawful exercise of the powers of such public
servant;
(c) that the provocation is not given by anything done in the lawful exercise of
the right of private defence.
Explanation —Whether the provocation was grave and sudden enough to
prevent the offence from amounting to murder is a question of fact.