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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…

The explanation to BNS s.93 preserves a trial for murder or culpable homicide where the abandoned child dies, and since the parents left the infant to face imminently…

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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 BNS have been committed by A and B?

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Correct answer C

The explanation to BNS s.93 preserves a trial for murder or culpable homicide where the abandoned child dies, and since the parents left the infant to face imminently dangerous winter exposure and death still followed despite intervening inadequate hospital care, they are liable under s.93 for abandonment and under s.103(1) for murder.

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