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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 ...
Principle: Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care and precaution to guard against harm to others, which a reasonable person 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 struggle, the gun went off and the actor was killed.

Explanation:
To determine if A is guilty of a negligent act, we need to apply the principles of negligence to the given facts.

1. Duty of Care: The first element of negligence is the existence of a duty of care. A duty of care refers to the legal obligation to act with reasonable care towards others to avoid foreseeable harm. In this case, A, as the person carrying a loaded gun, has a duty of care towards others to ensure the gun is not discharged accidentally.

2. Breach of Duty: The second element of negligence is the breach of the duty of care. A breach occurs when a person fails to exercise reasonable care in fulfilling their duty. In this case, A was quietly standing in a corner, not engaging in any reckless behavior or actions that would indicate a breach of duty.

3. Causation: The third element of negligence is causation, which requires establishing a causal link between the defendant's breach of duty and the harm suffered by the plaintiff. In this case, the actor approached A and initiated the physical contact, leading to the gun going off accidentally. It was the actor's actions that directly caused the gun to discharge and resulted in his own death.

Based on the above analysis, it can be concluded that A is not guilty of a negligent act or causing death by a negligent act. A did not breach their duty of care as they were not engaged in any reckless behavior or actions that could be considered negligent. The actor's actions were unforeseeable and not within A's control.

Therefore, option C, "A is not guilty of a negligent act or causing death by a negligent act," is the correct answer.
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Principle: Negligence is the gross and culpable neglect or failure to ...
But according to it c is correct as there is nothing causing of death
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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 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 punishedFacts: 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 punishedFacts: 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 punishedFacts: 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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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 punishedFacts: 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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