Principle: Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care, and precaution to guard against, and either to the public in general or to an individual in particular, which a reasonable man would have adoptedPrinciple: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punishedFacts: X takes up a gun not knowing it is loaded. Points in sport at Y and pulls the trigger. Y is shot dead. Can X be convicted for causing death by rash and negligent act?a)X is liable for murderb)X will be liable under section 304A for causing death by negligent actc)X is liable for culpable homicided)None of the aboveCorrect answer is option 'B'. Can you explain this answer?

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Facts: X takes up a gun not knowing it is loaded. Points in sport at Y and pulls the trigger. Y is shot dead. Can X be convicted for causing death by rash and negligent act?

a)
X is liable for murder
b)
X will be liable under section 304A for causing death by negligent act
c)
X is liable for culpable homicide
d)
None of the above

Correct answer is option 'B'. Can you explain this answer?

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Principle: Negligence is the gross and culpable neglect or failure to ...

Understanding the Legal Context
In this scenario, we need to examine the principles of negligence and the specific legal provisions regarding causing death through negligent acts.
Negligence Defined
- Negligence involves a gross failure to exercise reasonable care.
- It is the lack of caution that a reasonable person would have employed under similar circumstances.
Rash or Negligent Act
- The law states that causing death through a rash or negligent act can lead to legal punishment.
- Such acts do not amount to culpable homicide if they lack the intention to kill or cause grievous harm.
Application of Facts
- X, in this case, was unaware that the gun was loaded.
- Pointing the gun and pulling the trigger demonstrates a lack of caution and consideration for safety.
- This action can be classified as negligent because a reasonable person would not handle a gun without checking if it was loaded.
Conclusion: Why Option B is Correct
- Since X’s action was rash and negligent, it fits the criteria outlined in section 304A of the Indian Penal Code, which deals with causing death by negligent acts.
- X did not have the intention to kill Y, which rules out murder or culpable homicide charges.
Final Verdict
- Therefore, X can be convicted under section 304A for causing death by a negligent act, making option 'B' the correct answer.

Answered by Glance Learning Institute · View profile

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Principle: Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care, and precaution to guard against, and either to the public in general or to an individual in particular, which a reasonable man would have adoptedPrinciple: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punishedFacts: X takes up a gun not knowing it is loaded. Points in sport at Y and pulls the trigger. Y is shot dead. Can X be convicted for causing death by rash and negligent act?

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Principle: Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care, and precaution to guard against, and either to the public in general or to an individual in particular, which a reasonable man would have adoptedPrinciple: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punishedFacts: B was brought unconscious to a private nursing home. In the absence of the surgeon, his attendant, A, entered it as an emergency case and operated upon B’s stomach to extract undigested poisoned food. During the operation, B died. The postmortem report attributed B’s death to improper handling by A such cases independently yet he carried on the experiment as B needed an immediate treatment. Discuss the criminal liability of A.

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Principle: Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care, and precaution to guard against, and either to the public in general or to an individual in particular, which a reasonable man would have adoptedPrinciple: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punishedFacts: A was driving a tourist bus at a fast speed. When he was 100 yards away from a traffic crossing he saw a green signal. In a bid to cross the road, he enhanced the speed but before he could cross the road the green signal turned red, but A continued to drive on and hit B, a school child on the zebra crossing. For what offence can A be convicted?

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Principle: Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care, and precaution to guard against, and either to the public in general or to an individual in particular, which a reasonable man would have adoptedPrinciple: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punishedFacts: B was brought unconscious to a private nursing home. In the absence of the surgeon, his attendant, A, entered it as an emergency case and operated upon B’s stomach to extract undigested poisoned food. During the operation, B died. The postmortem report attributed B’s death to improper handling by A such cases independently yet he carried on the experiment as B needed an immediate treatment. Discuss the criminal liability of A.

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Principle: Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care, and precaution to guard against, and either to the public in general or to an individual in particular, which a reasonable man would have adoptedPrinciple: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punishedFacts: X takes up a gun not knowing it is loaded. Points in sport at Y and pulls the trigger. Y is shot dead. Can X be convicted for causing death by rash and negligent act?a)X is liable for murderb)X will be liable under section 304A for causing death by negligent actc)X is liable for culpable homicided)None of the aboveCorrect answer is option 'B'. Can you explain this answer?

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