Section 36 - “Oath”: The word “oath” includes any declaration required or authorized by law; to be used for the purpose of proof, whether in a Court or otherwise. Section 37 - “Good Faith”: An Act is said to be done or believed to be done in good faith, if done honestly with due care and attention and without malice. Section 38 - “Provocation”: such grave and sudden provocation as under any section of this Code modifies the nature of an offence or mitigates the penalty, which may be inflicted, it 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 servant in the lawful exercise of the powers of such public servant. (c) Provocation given by anything done in the lawful exercise of the right of private defense. Illustrations (a) (“A”) is lawfully arrested by (“Z”), a police officer. (“A”) excited to sudden and violent passion by the arrest kills (“Z”), (“A”) is not protected by section 249 (1). (b) (“A”) appears as a witness before (“Z”), a Magistrate, (“Z”) says that he does not believe a word of (“A’s”) deposition, (“A”) provoked thereby causes hurt to (“Z”). (“A”) is punishable under section 277 but not under section 275. (c) (“A”) attempts to pull (“Z”’s) nose, (“Z”) in self-defense lays hold of (“A”) (“A”) provoked thereby attacks (“Z”) and causes him grievous hurt. (“A”) is punishable under section (278) but not under section 276. Section 39 - Consent Known to be Given Under Fear or Misconception: A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury or under a misconception of fact, and if the person doing the act knows or has reason to believe that the consent was given in consequence of such fear or misconception; or If the consent is given by a person who from unsoundness of mind or intoxication is unable to understand the nature and consequence of that to which he gives his consent; or If the consent is given by a person who is under sixteen years of age. 7