Question

The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
FACT: 'A' takes his son 'B' who is three years old, for a bath to the well. He throws his son inside the well so that he could have a good bath. After 10 minutes he also jumped in the well to take a bath and take his son out of the well. Both were rescued by the villagers but his son was found dead.

• A. 'A' has committed culpable homicide not amounting to murder.
• B. 'A 'has committed a murder.
• C. 'A' has done no offence as he can plead the defence of unsoundness of mind.
• D. 'A's family should be responsible for this incident to let him to take child to the well.

Answer 1

Answer: (C)

'A' has done no offence as he can plead the defence of unsoundness of mind.

As it is believed that 'A' is a person of unsound mind . Section 84 of IPC , tells about the defences for the unsound party because he/she doesn't have a guilty intention to do so . He can't understand what he's doing he is mentally unfit to understand .