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Principles: (1) If a Person Commits an Act by Which Death is Caused to Another Person and the Act is Done with the Intention of Causing Death, that Person is Liable for Murder. - Legal Reasoning

MCQ

The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given. You have to choose a decision with reasons.

Principles:

(1) If a person commits an act by which death is caused to another person and the act is done with the intention of causing death, that person is liable for murder.

(2) A person has a right of self-defense to the extent of causing death to another provided he apprehends death by the act of the latter.

Facts:

Shuva went to a hardware shop owned by Anup. Bargaining on some item led to altercation between the two and Shuva picked up a sharp object and hit at Anup. When Anup started bleeding, his wife Mridula intervened and she was also hit by Shuva and she became unconscious. Finding himself totally cornered, Anup delivered a severe blow to Shuva with a sharp object. Shuva died instantly.

Possible decisions:

(a) Anup murdered Shuva.
(b) Anup killed Shuva with the intention of killing to save himself and his wife
(c) Anup killed Shuva without any intention to do so just to save himself and his wife

Probable reasons for the decision:

(i) If a person kills another instantly on the spot, the intention to kill is obvious.
(ii) Anup used force apprehending death of himself and his wife.
(iii) Anup used disproportionate force.
(iv) There was nothing to show that Shuva wanted to kill Anup or his wife. Your decision with the reason

Options

  • (a) - (i)

  • (a) - (iii)

  • (c) - (ii)

  • (b) - (i)

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Solution

(c) - (ii)

Explanation:

There is nothing to show the intention of killing, Anup hit Shuva on the apprehension of his and his wife's death, See Sec. 99 of the Indian Penal Code, 1860. 

Concept: Criminal Law
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