X and Y swimming in the sea after a shipwreck got hold of a plank The plank was not large enough to ...........

Indian Penal Code (IPC) 1860 General Explanations

X and Y swimming in the sea, after a shipwreck got hold of a plank. The plank was not large enough to support both X, with no other option, pushed Y who was drowned. X has committed:

Culpable homicide

Murder

The offence of causing death by negligence

No offence.

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Explanation:

- Option 1: Culpable homicide

Culpable homicide implies causing death without the intention to kill but with the knowledge that the act is likely to cause death. Pushing Y off the plank, knowing it could lead to drowning, may fit here.

- Option 2: Murder

Murder involves intentional killing with premeditation. If X intended for Y to die, it would constitute murder. In this scenario, it seems survival was the primary intent, not murder.

- Option 3: The offence of causing death by negligence

This involves causing death through a negligent act without intent. X's action might be seen as more than mere negligence since there was a deliberate act of pushing Y.

- Option 4: No offence

In dire situations of life and death, such as a shipwreck, survival instincts can lead to extreme actions. Courts may view such actions with leniency, considering it a tragic circumstance rather than a criminal offence.

Option 4: No offence—in such dire survival scenarios, the act may be excused due to the compelling instinct for self-preservation.