In a quarrel between husband and wife, the husband tries to beat the wife with a stick which…
The husband meant only to beat his wife and had no intention or knowledge that his act would cause death, so the death of the baby, struck by accident, is "Causing death by…
Choose your answer
In a quarrel between husband and wife, the husband tries to beat the wife with a stick which accidentally falls on the newly born baby in her hand and the baby dies instantly. Husband is guilty of the offence
Answer and explanation
Correct answer D
The husband meant only to beat his wife and had no intention or knowledge that his act would cause death, so the death of the baby, struck by accident, is "Causing death by negligent act not amounting to culpable homicide" under section 304A of the Indian Penal Code. Murder and culpable homicide need an intention or knowledge of causing death, and grievous hurt does not account for the death.
Current law: this offence is now section 106(1) of the Bharatiya Nyaya Sanhita, 2023, with a maximum of five years instead of two.
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