P was picked up by a gang of robbers in a car from the street He was given a revolver and asked to s...........

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

P was picked up by a gang of robbers in a car from the street. He was given a revolver and asked to shoot at M. When P resisted, a revolver was put on his ear and he was told that if he did not shoot, he would be shot dead. Then P shot M dead. On a charge of murder, P argued that his act was not voluntary nor was there mens rea. P is guilty of:

Culpable homicide not amounting to murder.

No offence

Attempt to commit murder

Murder.

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Explanation:

- The case describes P killing M under threat of being killed himself.

- Duress (threat to life) is generally not a complete defense to murder.

- For murder, mens rea (intention) must be present, but if a person’s life is threatened, it could reduce culpability, but not absolve it.

- In Indian law (IPC), Section 96-106 provide private defense, but do not excuse murder under duress.

- Option 1: “Culpable homicide not amounting to murder” can apply if the act lacks full intent or grave provocation, but here, threat by another doesn’t reduce murder to culpable homicide.

- Option 2: “No offence” is incorrect because duress isn’t a complete defense for murder.

- Option 3: “Attempt to commit murder” is wrong because the murder actually occurred.

- Option 4: “Murder” is correct, as the act was committed with intent (even if induced by threat) and duress is not a valid defense for murder.

Correct Answer: Option 4 - Murder.