Where the accused, in exorcising the spirit of a girl whom they believed to be possessed, subjected her…
Under Section 100 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 299 of the Indian Penal Code, 1860), causing death by doing an act with the knowledge that one is…
Choose your answer
Where the accused, in exorcising the spirit of a girl whom they believed to be possessed, subjected her to a beating without intending to cause death, but with the knowledge that the beating was likely to cause death, and the beating resulted in her death, for which one of the following offences can they be prosecuted?
Answer and explanation
Correct answer C
Under Section 100 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 299 of the Indian Penal Code, 1860), causing death by doing an act with the knowledge that one is likely by such act to cause death, without the intention or degree of bodily injury required for murder under Section 101 (formerly Section 300), constitutes "Culpable homicide not amounting to murder". A superstitious belief in spirit possession does not constitute "good faith" (which requires due care and attention under Section 2(11) of the Bharatiya Nyaya Sanhita, 2023) and affords no defence.
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