X knows that Y is suffering from a disease in his head and also knows that if a blow is given to Y o...........

Indian Penal Code (IPC) 1860 Attempt

X knows that Y is suffering from a disease in his head and also knows that if a blow is given to Y on his head it is likely to cause his death, X give a first blown to Y on his head. Y died. X is:

Guilty of culpable homicide not amounting to murder

Guilty of murder

Guilty of causing hurt

Guilty of no offence
As in ordinary circumstances that blow is not sufficient to cause death of a person of normal health.

छोटे Courses बड़े Results

Master Attempt

Prepare through Micro-courses

Try Now

Explanation:

- In such cases, the law looks at both the act and intention/knowledge of the accused.

- Here, X knows Y has a disease and a blow to the head could be fatal for Y, even if it wouldn’t normally kill a healthy person.

- Indian Penal Code, Section 299-300: When the accused knows his act is likely to cause death (even if not generally sufficient to cause death of healthy person), he is guilty of “culpable homicide”, not “murder”, unless the act is done with intention to kill or with knowledge the act will most probably cause death.

- Murder is only when there is clear intention or high probability of causing death to any person, regardless of their health condition.

- Since in ordinary circumstances the blow is not sufficient to cause death, X is guilty of culpable homicide not amounting to murder, because he had knowledge of Y’s special condition.

Option 1: Guilty of culpable homicide not amounting to murder (Correct Answer)

Option 2: Guilty of murder – Incorrect, as intent for murder for a person of average health is missing.

Option 3: Guilty of causing hurt – Incorrect, as death resulted.

Option 4: Guilty of no offence – Incorrect, as death was caused by X’s act.