All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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29.

In which of the following circumstances is culpable homicide also murder under the Indian Penal Code, 1860?

A: Where the offender intended to cause death.
B: Where the offender intended to cause serious injury that caused the death of the victim.
C: Where the offender intended to cause bodily injury that is sufficient in the ordinary course of nature to cause death.
D: Where the offender intended to cause such injury as the offender knew to be likely to cause death of the victim
E: Where the offender intended to commit an act that was SO imminently dangerous that it would in all probability, cause death.

Explanation

This question was later DELETED by the All India Bar Examination Committee, and GRACE marks were given.

Under the Indian Penal Code, culpable homicide is considered murder in certain circumstances. The relevant provisions are found in Sections 299 and 300 of the IPC. Let's go through the options one by one:

A : Where the offender intended to cause death.
   - Correct. This falls under the definition of murder as per Section 300 of the IPC. If the offender intended to cause death, it is considered murder.

B: Where the offender intended to cause serious injury that caused the death of the victim.
   - Incorrect. This would generally fall under the category of culpable homicide not amounting to murder (Section 299). To be considered murder, the offender must have intended to cause death (Section 300).

C: Where the offender intended to cause bodily injury that is sufficient in the ordinary course of nature to cause death.
   - Correct. This is also considered murder under Section 300 of the IPC. If the offender intended to cause an injury that is likely to cause death in the ordinary course of nature, it is murder.

D: Where the offender intended to cause such injury as the offender knew to be likely to cause death of the victim.
   - Correct. This falls under the definition of murder as per Section 300 of the IPC. If the offender intended to cause an injury that they knew was likely to cause death, it is considered murder.

E: Where the offender intended to commit an act that was SO imminently dangerous that it would in all probability, cause death.
   - Correct. This also falls under the definition of murder as per Section 300 of the IPC. If the offender intended to commit an act that was so imminently dangerous that it would probably cause death, it is considered murder.

So, options A, C, D, and E are the correct circumstances where culpable homicide is also considered murder under the Indian Penal Code, 1860.