A starts chopping wood within a few feet of children who are playing. The axe head is visibly loose,…
Section 106(1) applies to a death caused by a rash or negligent act that falls short of culpable homicide. The accident exception in section 18 requires proper care and…
Choose your answer
A starts chopping wood within a few feet of children who are playing. The axe head is visibly loose, but A uses the axe without checking it or clearing the area. The head flies off and kills a child. A neither intended harm nor knew death was likely. What offence has A committed under the Bharatiya Nyaya Sanhita, 2023?
Answer and explanation
Correct answer C
Section 106(1) applies to a death caused by a rash or negligent act that falls short of culpable homicide. The accident exception in section 18 requires proper care and caution, which the facts expressly exclude.
Option feedback
Option A
The facts supply criminal negligence, without the intention or knowledge required for culpable homicide.
Option B
The accident exception requires proper care and caution. A’s failure to exercise such care directly caused the death.
Option C
A’s grossly negligent act caused death and falls short of culpable homicide, meeting section 106(1).
Option D
The stated negligence does not establish the intention or knowledge required for murder.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Rajasthan APO
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision