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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…

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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?

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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.

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