PROVOCATION AS A DEFENCE IN INTIMATE PARTNER VIOLENCE AGAINST WOMEN

ISBN 978-629-486-362-0

MYR30.00

 

 

Book Details

Author/Editor: Mohd Safri Mohammed Na’aim, Ramalinggam Rajamanickam & Rohaida Nordin

Pages: 171

Year of Publication: 2024

Description:

There are cases where some female victims of IPV, overwhelmed by continuous abuse, may react by killing their abusive partners. In Malaysia, they can raise the defence of provocation under Exception 1 to Section 300 of the Penal Code. However, this defence offers inadequate protection because it does not define the term “loss of self-control”, nor does it explain the legal position of cumulative provocation, has a prerequisite for suddenness that must be fulfilled and provides no explanation on the attributes that should be ascribed to a reasonable man. This book consists of six chapters discussing the theoretical and legal framework on the defence of provocation, the conditions for raising it and the challenges faced in raising the defence by comparing the defence in England and Wales. Reforming this defence will fulfil Malaysia’s obligation under Article 2 of CEDAW and will align with Article 8 of the Federal Constitution.

 

BISAC Subject Code(s): TRU012000, LAW038000

Prelims

Category: Law