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X, a jailor, has charge of Z, a prisoner. X, intending to cause Z’s death, illegally omits to supply Z…

This is illustration (c) to Section 3(8) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 37 IPC). X intended Z's death and illegally withheld food, but his omission…

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X, a jailor, has charge of Z, a prisoner. X, intending to cause Z’s death, illegally omits to supply Z with food; Z is consequently much reduced in strength, but the starvation is not sufficient to cause his death. X is dismissed from office and Y succeeds him. Y, without collusion or cooperation with X, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. What is the position under the Bharatiya Nyaya Sanhita, 2023?

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Correct answer B

This is illustration (c) to Section 3(8) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 37 IPC). X intended Z's death and illegally withheld food, but his omission did not cause death, so "X is guilty of an attempt to commit murder", punishable under section 109.

Y, acting independently and knowing that death was likely, caused Z's death and is guilty of murder; X, who did not co-operate with Y, is not liable for that murder. The options calling Y guilty only of an attempt, or making both guilty of murder, are therefore wrong.

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