Section 38 - Provocation.

Such grave and sudden provocation as under any section of this Penal Code modifies the nature of an offence or mitigates the penalty which may be inflicted shall not be deemed to include-

(a) provocation sought or voluntarily provoked by the offender as an excuse for committing an offence;

(b) provocation given by anything done in obedience to the law or by a public officer in the lawful exercise of the powers ot such public officer;

(c) provocation given by anything done in the lawful exercise of the right of private defence.

(b) A appears as a witness before Z, a magistrate Z says that he does not believe a word of A's evidence. A provoked thereby causes hurt to Z. fie is punishable under section 246 and not under section 244.

(c) A attempts to pull Z's nose. Z in self defence lays hold of A. A provoked thereby attacks Z and causes him grievous harm. A is punishable under section 247 and not under section 245.