Give best response Z a pick pocket attempts to take the purse of a gentleman who has a loaded pistol...........

Indian Penal Code (IPC) 1860 Offences affecting the Human Body

Give best response. Z, a pick-pocket attempts to take the purse of a gentleman who has a loaded pistol in his pocket. The thief touches the pistol and the trigger goes off, the gentleman is shot dead. The liability of the pick-pocket is as follows :

Z is liable for murder of the gentleman in whose pocket he has put his hand.

Z is liable for attempting to commit homicide.

Z is not liable for murder but for pick-pocketing only, because when a person engaged in the commission of an offence causes death by pure accident he shall suffer only the punishment of his offence.

Z is liable for murder and will not succeed in his defence of accident under section 80 because accident must be caused while doing a lawful act, in lawful manner by lawful means. Here Z caused death while doing an unlawful act.

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Explanation:

Z is not liable for murder but for pick-pocketing only, because when a person engaged in the commission of an offence causes death by pure accident he shall suffer only the punishment of his offence.