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Facts: X Tries to Pickpocket Z. Z Has a Loaded Pistol In.His Pocket. X’S Hand Touches the Pistol and Triggers It, Resulting in the Death of Z. Which of the Following Offence is Committed by X? - Legal Reasoning

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MCQ

Apply the legal principles to the facts given below and select the most appropriate answer.

Legal Principles:

1. An attempt is an act committed in part execution of a criminal design or intent, more than mere preparation, but falling short of actual commission.
2. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do/omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”,
3. Preparation is the second stage in the commission of a crime. It means to arrange the necessary measures for the commission of the intended criminal act.
4. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that his act is likely to cause death, commits the offense of murder.
5. Whoever causes the death of any person by doing any rash or negligent act shall be guilty of negligence.

Facts: X tries to pickpocket Z. Z has a loaded pistol in.his pocket. X’s hand touches the pistol and triggers it, resulting in the death of Z. Which of the following offense is committed by X?

Options

  • X is guilly of causing Z’s murder.

  • X is guilty of culpable homicide by negligence.

  • X is guilty of causing grievous hurt.

  • X is guilty of pickpocketing

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Solution

X is guilty of culpable homicide by negligence.

Explanation:

X is guilty of pickpocketing. X will be liable only for attempting to pickpocket and not for the killing because he cannot be treated differently from all other pickpockets who steal under exactly similar circumstances and same intention with no risk of causing death and with no greater care to avoid it.

Concept: Criminal Law
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