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X, a jail warden legally bound to provide food to prisoner Y, fails to supply it. Y dies of starvation…

Section 3(4) of the Bharatiya Nyaya Sanhita, 2023 extends references to acts done to illegal omissions unless the context indicates otherwise. A warden’s breach of a legal…

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X, a jail warden legally bound to provide food to prisoner Y, fails to supply it. Y dies of starvation caused by that failure. How does the Bharatiya Nyaya Sanhita, 2023 treat the omission when assessing X’s criminal liability?

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Answer and explanation

Correct answer A

Section 3(4) of the Bharatiya Nyaya Sanhita, 2023 extends references to acts done to illegal omissions unless the context indicates otherwise. A warden’s breach of a legal duty to provide food can therefore count in assessing criminal liability. The offence, if any, depends on its own elements, including any required mental state.

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Option A

Section 3(4) extends references to acts done to illegal omissions unless the context indicates otherwise.

Option B

A legally wrongful failure to act can be relevant under Section 3(4).

Option C

Official position does not provide a general exemption for breaching a legal duty to supply food.

Option D

A murder conviction requires proof of the applicable mental element and other statutory requirements.

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