Give correct response A B and C three adults and D a boy were on a voyage in an open boat They ...........

Indian Penal Code (IPC) 1860 General Exceptions

Give correct response. A, B and C three adults and D a boy were on a voyage in an open boat. They had no food after about 18 years of journey. C proposed to B and A to sacrifice the boy so that they may feed upon but B did not agree. On 20th day C with the consent of A only killed the boy and all the three fed upon the boy for four days when they were picked up. It was found that the boy was in a weaker condition and was likely to die before others and also if the men would not have fed upon the boy, they would not have survived. Held that:

A, B and C would be liable for murder of the boy because self-preservations not an absolute necessity and there can be no necessity that justifies homicide.

A, B, and C were not liable for murder of the boy because Sec.81 of the Penal Code justifies causing of lesser evil in order to avoid greater evil.

A, B and C were not liable for murder of the boy because to preserve one’s life is generally speaking a duty and in the present case there was no other way of saving the life of all the three except that some one was killed to save others from death by starvation.

A, B and C would not be liable because, the rule that a necessity can never be a defence to a charge of homicide is not conclusive and justifies homicide in self-defence.

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Explanation:

A, B and C would be liable for murder of the boy because self-preservations not an absolute necessity and there can be no necessity that justifies homicide.

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