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X gives Y poisoned halwa intending to kill Y. Y leaves some, which Z eats; X's poison causes Z's death.…

Section 102 preserves the description of culpable homicide when the act causes the death of someone other than the person whose death was intended or known likely. Because…

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X gives Y poisoned halwa intending to kill Y. Y leaves some, which Z eats; X's poison causes Z's death. If the killing would have been murder had Y died and no exception applies, how does BNS section 102 affect X's liability?

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Section 102 preserves the description of culpable homicide when the act causes the death of someone other than the person whose death was intended or known likely. Because the killing of Y would have been murder, "X is guilty of murder of Z", and "X cannot be guilty of murder because X did not select Z" is wrong.

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