Indian Penal Code - Study Mode

[#2171] What constitutes the gist of an offence under section 34, Indian Penal Code?
Correct Answer

(D) Common intention

[#2172] A struck his wife B on the head a single blow with a roller pin. B fell down bleeding from nose and became senseless. A thinking that B was dead hung her with a piece of rope from the ceiling which actually caused B's death. A is guilty of
Correct Answer

(A) Causing culpable homicide not amounting to murder

Explanation

Solution: Let's break down this question step-by-step to understand the correct answer. First, A hits B with a roller pin, and B becomes unconscious. A then *thinks* B is dead. Next, A tries to "cover up" what he believes is a death by hanging B. However, the hanging *actually* causes B's death. The key here is to understand the concept of "actus reus" (the guilty act) and "mens rea" (the guilty mind). * Murder requires intention to cause death or knowledge that the act is likely to cause death. Did A *intend* to kill B with the roller pin? It's not explicitly stated. * However, the act that *actually* killed B was the hanging. * When A hanged B, he thought she was already dead. Therefore, his *mens rea* (guilty mind) at the time of the *actus reus* (hanging) was not to cause death. He didn't *intend* to kill her then, because he *believed* she was already dead. This is a crucial point. Let's look at the options: * Option A: Causing culpable homicide not amounting to murder. Culpable homicide is causing death, but without the specific intent required for murder. Since A didn't *intend* to kill B during the hanging (he thought she was already dead), this is a strong possibility. * Option B: Causing grievous hurt. While the initial blow caused grievous hurt, it didn't cause the death. The hanging did. * Option C: Murder. This requires intention or knowledge of causing death. A lacked the *mens rea* during the *actus reus* that killed B. * Option D: None of the above. Since option A seems plausible, this is unlikely. Therefore, the correct answer is: Option A: Causing culpable homicide not amounting to murder.

[#2173] Sale, etc., of obscene books etc. is dealt under-
Correct Answer

(A) Section 291 of Indian Penal Code

[#2174] A two-Judge Bench of the Supreme Courtin Sher Singh @ Partapa v. State of Haryana, held that the prosecution can discharge the initial burden to prove the ingredients of Section . . . . . . . . of Indian Penal Code, even by preponderance of probabilities.
Correct Answer

(D) 304B

[#2175] A' intended to cause death of 'B' caused death of 'C' whose death he neither intended nor knew himself to be likely to be caused and it happened in the description of his intention to cause death of 'B'. 'A'
Correct Answer

(B) Is guilty of murder