Question

Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle : Nothing is an offence which is done by a person who, at the time of doing it by reason of unsound state of mind, is incapable of knowing the nature of the act or something that he is doing is either wrong or contrary to law.

Fact: X takes his son Y who is three years old, for bathing to the well. He throws his son inside the well so that the son can have a good bath. After 10 minutes, he also jumps into the well to take bath and get his son out of the well. Both were rescued by the villagers but his son was found dead.

• A. X has committed culpable homicide amounting to murder.
• B. X has committed murder
• C. X has done no offence as he can plead the defence of unsound state of mind.
• D. X's family should be held responsible for allowing him to take the child to the well.

Answer 1

The correct option is A X has committed culpable homicide amounting to murder.

X has committed culpable homicide amounting to murder .

As X threw his son who is just 3 years old. He must be knowing that the 3 year old child can't swim, nor can he take precautions for his safety. X is guilty for committing culpable homicide.

Section 299 of IPC tells about the concept of culpable homicide.

Hence, A is the correct option.