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Provocation

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BARAKA YOHANA
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4 views

Provocation

Uploaded by

BARAKA YOHANA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Meaning of Provocation

Provocation is a legal concept referring to actions or words that incite


someone to lose self-control, often leading to aggressive behavior or a
criminal act, such as assault or homicide. In legal terms, provocation can
serve as a mitigating factor to reduce the severity of a charge, particularly
from murder to manslaughter.

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Legal Context of Provocation in Tanzania

In Tanzania, the defense of provocation is primarily recognized under the


Penal Code (Cap. 16 of the Laws of Tanzania). This defense applies mostly in
cases of homicide and assault, aiming to consider the human emotional
response to extreme provocation.

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Relevant Legal Provisions

1. Section 201 of the Penal Code:

This section addresses the concept of provocation, stating that a person who
causes the death of another due to sudden provocation may not be guilty of
murder but of manslaughter.

2. Definition in Section 200:


Provocation is defined as any wrongful act or insult of such a nature as to
deprive an ordinary person of self-control, leading to a sudden and
temporary loss of reason.

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Elements of Provocation Defense in Tanzanian Law

For the defense of provocation to succeed, the following elements must be


established:

Sudden Provocation: The provocation must be sudden and not premeditated.

Loss of Self-Control: The accused must demonstrate that they lost self-control
as a direct result of the provocation.

Proportional Response: The reaction must be proportional to the provocation


received.

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Case Law Support


1. Republic v. Mohamed Ally [1987] TLR 45:

This case highlighted that a successful provocation defense requires proof of


a sudden and grave provocation, leading to a loss of self-control.

2. John v. The Republic (1963) EA 361:

The court held that not every insult or slight provocation justifies violent
retaliation. The response must be assessed based on what an ordinary
person would do under similar circumstances.

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Conclusion

In Tanzanian law, provocation can reduce a murder charge to manslaughter if


it is proven that the accused acted in a sudden fit of rage, without
premeditation, and under circumstances that would cause an ordinary
person to lose control. The courts carefully assess the nature and gravity of
the provocation and the proportionality of the accused's response to
determine whether this defense is valid.

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