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A and B being the parents of infant X, abandon the infant in the middle of the night during the winter…

Abandoning an infant overnight in winter is an act so imminently dangerous that it must in all probability cause death, satisfying clause (d) of section 101 BNS (murder,…

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A and B being the parents of infant X, abandon the infant in the middle of the night during the winter season. As a result, X suffers from hypothermia. X is discovered by a good Samaritan who rushes X to the hospital. Unfortunately, the facilities at the hospital were inadequate and X dies. During the course of the investigation, it is also revealed that X may have survived if X had received appropriate medical care at the hospital. In these circumstances, offences under which provisions of the Bharatiya Nyaya Sanhita, 2023 have been committed by A and B?

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Correct answer C

Abandoning an infant overnight in winter is an act so imminently dangerous that it must in all probability cause death, satisfying clause (d) of section 101 BNS (murder, punishable under section 103 BNS), and is also exposure and abandonment of a child under twelve years (section 93 BNS); inadequate hospital treatment does not break the chain of causation. (These were formerly ss.302 and 317 IPC.)

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