Under the Bharatiya Nyaya Sanhita, 2023, what offence, if any, has been caused by the accused ‘X’ in…
Under Sections 116 and 117 of the Bharatiya Nyaya Sanhita, 2023 (formerly Sections 320 and 325 of the Indian Penal Code, 1860), where a person during a sudden verbal quarrel…
Choose your answer
Under the Bharatiya Nyaya Sanhita, 2023, what offence, if any, has been caused by the accused ‘X’ in the following facts: ‘X’ had some verbal wrangle with his wife ‘Y’ and in the course of that he gave her a blow with great force and after an interval of two hours ‘Y’ died. Medical evidence provided the causative factor as rupture in the spleen.
Answer and explanation
Correct answer B
Under Sections 116 and 117 of the Bharatiya Nyaya Sanhita, 2023 (formerly Sections 320 and 325 of the Indian Penal Code, 1860), where a person during a sudden verbal quarrel strikes a forceful blow without any intention to cause death or knowledge that the act is likely to cause death, and death unexpectedly ensues due to the rupture of the victim's spleen, the offence committed is voluntarily causing grievous hurt (Empress of India v. Idu Beg, (1881) ILR 3 All 776). It does not amount to culpable homicide under Section 100 BNS (formerly Section 299 IPC) because the requisite intention or knowledge of likely death is absent. At the same time, because the blow was delivered with great force and caused a life-endangering internal rupture, it goes beyond simple hurt.
Practice for these exams
-
UGC NET Law
See pack details on LawMint.net -
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
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