CLAT Sample Paper CLAT Sample Paper-3

  • question_answer
    Principle A person is guilty of culpable homicide amounting to murder if the act by which the death is caused is done with an intention of causing death.
    Facts A and B are playing hide and seek. A hide behind a bush. C who is on a prowl to hunt for rabbits observing some movement near the bush and assuming a rabbit was hiding there fires and kills A. C does not know that A was hiding behind the bush. The police prosecute C for murder (as per Section 299 of IPC illustration (c))

    A)  C would not be liable for murder, as he did not have the intention to kill A

    B)  C would be liable for murder, because he should have taken care to find out the target before shooting

    C)  C would not be liable for murder, because it would be too much to expect him to identify the target before shooting

    D)  None of the above

    Correct Answer: A

    Solution :

    According to Section-299 of Indian Penal code, 1860, here in this case 'C' is not liable for murder, because his intention was not to will 'A', 'C' was on a prowl to hunt for rabbits. This case is similar to illustration (c) of Section-299 IPC.


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