Question

PRINCIPLE: 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 he is likely by such act to cause death, commits the offence of culpable homicide.
FACTS: 'A' knows 'Z' to be behind a bush. 'B' does not know it. 'A' , intending to cause, or knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and kills 'Z'.

• A. 'B' has committed the offence of culpable homicide
• B. 'A' has no intention to use criminal force to 'Z'
• C. 'A' has used force with the consent of 'Z'
• D. None of the above

Answer 1

Answer: (A)

'B' has committed the offence of culpable homicide

Questions like these can be very confusing and tricky. The correct option, in this case, is Option A that 'B' has committed the offence of Culpable Homicide.

There are two ways to answer this question- first is to apply the principle- the legal proposition given is that whoever causes death by an act with either intention or with the knowledge that he is likely to cause death.

'B' though did not have any intention of causing the death of 'Z' but he had the knowledge that his actions are likely to cause the death of a person. therefore, in such a manner the legal principle is satisfied making 'B' guilty of commission of the offence of culpable Homicide.

If in the legal principle the word 'and' is used instead of 'or' then in that case intention will be essential with the knowledge that the act is likely to cause death.

The second approach to solve such problems is to rule out the options and to see what should not be the answer. Options B and C will not be the answer because the legal principle is in relation to Culpable Homicide and not on criminal force or use of force with consent. therefore, Option A is the correct option.