Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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45.

'A' sees 'B' drowning, but does not save him. 'B' is drowned. 'A' has committed :

A: The offence of murder
B: The offence of abetment of suicide
C: The offence of culpable homicide not amounting to murder.
D: No Offence.

The answer is: D

Explanation

The correct option is D: No Offence.

The question describes a scenario where A saw B drowning but did not save him, and as a result, B drowned.

Based on this scenario, the question asks us to identify the offence committed by A.

Offences under Indian Penal Code (IPC): Before we analyze the legal implications of the scenario, we need to understand the different types of offences under the Indian Penal Code (IPC).

The IPC recognizes three types of culpable homicide: murder, culpable homicide amounting to murder, and culpable homicide not amounting to murder.

Murder: Murder is defined under Section 300 of the IPC. It is committed when a person causes the death of another person with the intention of causing death or with the intention of causing such bodily injury as is likely to cause death.

Culpable Homicide Amounting to Murder: Culpable homicide amounting to murder is defined under Section 299 of the IPC. It is committed when a person causes the death of another person with the intention of causing such bodily injury as is likely to cause death or with the knowledge that the act is likely to cause death.

Culpable Homicide not amounting to Murder: Culpable homicide not amounting to murder is defined under Section 304 of the IPC. It is committed when a person causes the death of another person with the intention of causing such bodily injury as is likely to cause death, but without the intention of causing death, or without the knowledge that the act is likely to cause death.

Abetment of Suicide: Abetment of suicide is defined under Section 306 of the IPC. It is committed when a person abets the commission of suicide by another person, and such suicide is actually committed.

Analysis of the scenario:

In the given scenario, A saw B drowning but did not save him, and as a result, B drowned. Based on this scenario, we need to identify the offence committed by A.

It is clear from the scenario that A did not have any intention to cause the death of B. He also did not cause any bodily injury to B that was likely to cause death. Therefore, A cannot be charged with murder or culpable homicide amounting to murder.

Similarly, A did not abet the suicide of B. He did not encourage or assist B in committing suicide. Therefore, A cannot be charged with abetment of suicide.

The only offence that could be considered in this scenario is culpable homicide not amounting to murder. However, even this offence cannot be applied to A because A did not cause the death of B. A mere failure to act, in this case, does not amount to causing the death of B.

Therefore, the correct answer to this question is option D, i.e., no offence.