Vidyalelo
Law · Q2357

Indian Penal Code

Graduate and Post Graduate · Law · question 2357

Q2357

A' with the intention of killing 'B', gave him poisoned halwa to eat. 'A' ate a little and threw away the rest, which a child picked up and ate it. The child died of poisoning. 'A' is:

A.
Guilty of homicide
B.
Guilty of no offence
C.
Guilty of murder of the child
Answer
D.
Guilty of culpable homicide

Answer: Option C

Solution

Answer: Option C
Solution:
'A' had the intention to kill 'B' by giving him poisoned halwa.

Even though 'B' did not consume the poisoned halwa, the fact that a child picked it up and died as a result of poisoning still holds 'A' responsible.

Under the Indian Penal Code, when an unlawful act (poisoning) is committed with the intention to cause death or such bodily harm that can result in death, the person is guilty of **murder**, even if the victim was not the intended target.

Thus, 'A' is guilty of murder of the child.