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X, a jailer, deliberately withholds food from prisoner Z in breach of his duty, intending to kill Z. Z…

Illustration (c) to section 3(8) assigns attempted murder to the first jailer and murder to the successor on these facts. The first omission was insufficient to cause death…

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X, a jailer, deliberately withholds food from prisoner Z in breach of his duty, intending to kill Z. Z becomes very weak, but X’s withholding of food is insufficient to kill him. Y replaces X and, without colluding or cooperating with X, unlawfully withholds food from Z, knowing he is likely to cause Z’s death. Z dies of hunger. Under the Bharatiya Nyaya Sanhita, 2023, what are X’s and Y’s liabilities on these facts?

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Answer and explanation

Correct answer B

Illustration (c) to section 3(8) assigns attempted murder to the first jailer and murder to the successor on these facts. The first omission was insufficient to cause death and the jailers did not cooperate. Z died as a result of the successor’s fatal omission.

Option feedback

Option A

X’s omission was insufficient to kill Z, and X did not cooperate with Y.

Option B

The statutory illustration assigns attempted murder to X and murder to Y.

Option C

Z dies from the starvation caused by Y’s fatal omission, so Y’s liability is for the completed offence.

Option D

The first omission was insufficient to kill Z and the successor’s omission was fatal.

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