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A defendant is charged under section 106(1) of the Bharatiya Nyaya Sanhita, 2023. The prosecution…

Section 106(1) requires death caused by a rash or negligent act that does not amount to culpable homicide. Once the defendant's criminal negligence and direct causation are…

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A defendant is charged under section 106(1) of the Bharatiya Nyaya Sanhita, 2023. The prosecution proves that the defendant's criminally negligent act directly caused the victim's death and did not amount to culpable homicide. The victim was also careless, but that carelessness did not break the causal chain. What follows?

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Answer and explanation

Correct answer A

Section 106(1) requires death caused by a rash or negligent act that does not amount to culpable homicide.

Once the defendant's criminal negligence and direct causation are established, concurrent carelessness by the victim is insufficient by itself to defeat liability.

Option feedback

Option A

The prosecution has proved criminal negligence and direct causation. The victim's concurrent carelessness does not erase either element.

Option B

Contributory carelessness does not automatically excuse criminal negligence that directly caused death.

Option C

The criminal issue is proof of the defendant's culpable conduct and its causal connection to the death. A comparison of fault percentages does not determine that issue.

Option D

The facts expressly state that the defendant's act directly caused the death and that the causal chain remained intact.

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