A intentionally causes Z’s death, partly by illegally omitting to give

A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A is guilty of

attempt to commit murder
committing culpable homicide not amounting to murder
attempt to commit culpable homicide not amounting to murder
committing murder
This question was previously asked in
UPSC CISF-AC-EXE – 2019
The correct option is D) committing murder.
Section 36 of the Indian Penal Code, 1860 states that where causing a certain effect, or an attempt to cause that effect, by an act or illegal omission is an offence, the causing of that effect partly by act and partly by illegal omission is the same offence. In this scenario, A intentionally causes Z’s death, which is the definition of murder under Section 300 IPC, and this death is caused partly by an illegal omission (not giving food) and partly by an act (beating).
Section 300 of the IPC defines murder. If death is caused with the intention of causing death, it is murder (subject to exceptions). The question explicitly states A “intentionally causes Z’s death”. Section 36 ensures that the means used (partly act, partly omission) do not change the nature of the offence when the intention and the resulting death align with the definition of murder.
Exit mobile version