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Under Explanation 3 to section 100 of the Bharatiya Nyaya Sanhita, 2023, which situation may amount to…

Explanation 3 to section 100 of the Bharatiya Nyaya Sanhita, 2023 excludes death of a child wholly within the mother’s womb from homicide. Causing the death of a living…

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Under Explanation 3 to section 100 of the Bharatiya Nyaya Sanhita, 2023, which situation may amount to culpable homicide, assuming the required intention or knowledge?

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Correct answer D

Explanation 3 to section 100 of the Bharatiya Nyaya Sanhita, 2023 excludes death of a child wholly within the mother’s womb from homicide. Causing the death of a living child after any part has emerged may amount to culpable homicide, even before complete birth or breathing. The stated gestational weeks do not determine this boundary; this rule does not decide whether a termination is otherwise lawful.

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Option A

Death while the child remains wholly in the womb is not homicide under Explanation 3, irrespective of this threshold.

Option B

The twentieth-week threshold does not turn death wholly within the womb into homicide.

Option C

The thirty-sixth-week threshold does not turn death wholly within the womb into homicide; other offences or lawful medical treatment are distinct questions.

Option D

Explanation 3 permits culpable homicide once any part of the living child emerges; complete birth and breathing are unnecessary.

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