CLAT Sample Paper CLAT Sample Paper-3

  • question_answer
    X intending to kill Y by poisoning purchases poison and mixes the same with a glass of milk. He gives the glass to Z to serve it to Y. Z drinks the milk and dies. Which one of the following statements is correct in this context?

    A)  X commits no offence as Z drinks the milk voluntarily

    B)  X commits the offence of abetment of suicide by Z

    C)  X commits the offence of death by rash or negligent act

    D)  X commits the offence of murder

    Correct Answer: D

    Solution :

    According to Section 301 of the Indian Penal code 1860, X has committed the offence of murder, as his intention was to cause death of Y and he mixed the poison in milk and asked Z to serve it to Y, but Z drinks the milk and dies, so X is guilty of offence of murder. Section 301 is also called Doctrine of Transfer of Malice.


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