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Law · Q1546

Indian Penal Code

Graduate and Post Graduate · Law · question 1546

Q1546

A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A fires and harms one child. Which one of the following is the liability of A?

A.
A commits no offence as he exercised right of private defence
Answer
B.
A commit an offence punishable under Section 304A as he fired in a rash on negligent manner
C.
A commits an offence punishable under Section 304 Part II only as there was no intention to cause death of the child
D.
A commits an offence 302 Indian Penal Code as the act of firing was so imminently dangerous that it must have caused death of child

Answer: Option A

Solution

Answer: Option A
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