| Direction: Given below are the statements of facts of the case. After statement of facts, legal principles are given apply the principles to the facts of the case and select the most appropriate answer from among the four alternatives. |
| Principle Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both. |
| Facts The residents of the adjoining slums were persistently using the park for defecation. On the order of the chairman of the DDA, the park was fenced and electric current was run on the wires on the top. A trespassing slum dweller touched a live wire and was electrocuted. Can the chairman be held liable for an offence of causing death by negligence? |
A) No, because getting a public park electrically wired is no rash act
B) Administrative actions are immune to any liability
C) Yes, because getting a public park electrically wired is a rash and negligent act
D) None of the above
Correct Answer: C
Solution :
According to the Section 304-A, of the Indian Penal Code, 1860, the chairman can be held liable for an offence of causing death by negligence, because getting a public park electrically wired is a rash and negligent act.
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