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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 adopted 
Principle: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished
'Facts: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of negligently act?
  • a)
    A is guilty of negligent act
  • b)
    A is guilty of murder
  • c)
    A is not guilty of a negligent act or causing death by a negligent act
  • d)
    None of the above
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Principle: Negligence is the gross and culpable neglect or failure to ...
I think A is not guilty because in this case Men's Rea is absent.. He was standing in a corner with out any Mala fide intention..
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Principle: Negligence is the gross and culpable neglect or failure to ...
Understanding Negligence in This Scenario
In the given facts, we need to analyze whether A's actions constituted a negligent act that led to the death of the actor.
Key Elements of Negligence
- Definition of Negligence: It involves a gross failure to exercise reasonable care. A person is considered negligent if they fail to act as a reasonable person would in similar circumstances.
- Culpable Homicide: The principle states that causing death through a rash or negligent act can lead to punishment, provided it does not amount to culpable homicide.
Analysis of A's Actions
- Context of the Incident: A was simply standing quietly in a corner of a public place, observing a dramatic performance. The loaded gun was in his possession, but he was not actively using it or engaging in reckless behavior.
- Interaction with the Actor: The actor, playing the role of a drunken dacoit, approached A and initiated a physical struggle. This action was not instigated by A but rather by the actor's performance.
Conclusion
- Reasonable Care: A’s behavior did not display gross negligence. He was not aware that the actor would grapple with him, leading to the accidental discharge of the weapon.
- Outcome: Since A was not acting in a negligent manner and did not intend to cause harm, he cannot be deemed guilty of causing death by a negligent act. Therefore, the correct answer is that A is not guilty of a negligent act or causing death by a negligent act.
This understanding aligns with the principles of negligence where the actions of A do not meet the threshold for culpability.
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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 punished'Facts: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of negligently act?a)A is guilty of negligent actb)A is guilty of murderc)A is not guilty of a negligent act or causing death by a negligent actd)None of the aboveCorrect answer is option 'C'. Can you explain this answer?
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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 punished'Facts: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of negligently act?a)A is guilty of negligent actb)A is guilty of murderc)A is not guilty of a negligent act or causing death by a negligent actd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about 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 punished'Facts: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of negligently act?a)A is guilty of negligent actb)A is guilty of murderc)A is not guilty of a negligent act or causing death by a negligent actd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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 punished'Facts: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of negligently act?a)A is guilty of negligent actb)A is guilty of murderc)A is not guilty of a negligent act or causing death by a negligent actd)None of the aboveCorrect answer is option 'C'. Can you explain this answer?.
Solutions for 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 punished'Facts: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of negligently act?a)A is guilty of negligent actb)A is guilty of murderc)A is not guilty of a negligent act or causing death by a negligent actd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of 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 punished'Facts: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of negligently act?a)A is guilty of negligent actb)A is guilty of murderc)A is not guilty of a negligent act or causing death by a negligent actd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of 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 punished'Facts: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of negligently act?a)A is guilty of negligent actb)A is guilty of murderc)A is not guilty of a negligent act or causing death by a negligent actd)None of the aboveCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for 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 punished'Facts: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of negligently act?a)A is guilty of negligent actb)A is guilty of murderc)A is not guilty of a negligent act or causing death by a negligent actd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of 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 punished'Facts: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of negligently act?a)A is guilty of negligent actb)A is guilty of murderc)A is not guilty of a negligent act or causing death by a negligent actd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice 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 punished'Facts: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of negligently act?a)A is guilty of negligent actb)A is guilty of murderc)A is not guilty of a negligent act or causing death by a negligent actd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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