Question Details

Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.


PRINCIPLE: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.



FACTS: 'A' knows ‘Z' to be behind a bush. 'B' does not know it. 'A', intending to cause, or knowing it to be likely to cause Z's death, induces 'B' to fire at the bush. 'B' fires and kills 'Z'.

Options

A

'B' has committed the offence of culpable homicide

B

'A' has committed the offence of culpable homicide

C

Both 'A' and 'B' have committed the offence of culpable homicide

D

None of them has committed the offence of culpable homicide.

Show Answer

Correct Answer :

Option B

'A' has committed the offence of culpable homicide

Solution :

The correct answer is 'A' has committed the offence of culpable homicide.

Let us carefully break down the principle and then apply it to the facts step by step.

Understanding the Principle:
The principle states that a person commits culpable homicide if they cause death by doing an act:

1. With the intention of causing death, OR
2. With the intention of causing bodily injury likely to cause death, OR
3. With the knowledge that the act is likely to cause death.

The key focus is on the mental state (intention or knowledge) of the person who causes the death. The word "causes" is important — the law looks at who set the chain of events in motion with the requisite guilty mind (mens rea).

Applying the Principle to the Facts — Analysing 'B' first:
'B' fires at the bush and kills 'Z'. However, 'B' had no knowledge that 'Z' was behind the bush. 'B' was induced (tricked) by 'A' into firing. Since 'B' lacked any intention to cause death or even the knowledge that firing was likely to cause anyone's death, 'B' does not possess the required mens rea. Without this mental element, 'B' cannot be held guilty of culpable homicide. 'B' is essentially an innocent instrument used by 'A'.

Analysing 'A':
Now consider 'A'. 'A' knew that 'Z' was behind the bush. 'A' then deliberately induced 'B' to fire at the bush, either:

— with the intention of causing Z's death, OR
— with the knowledge that it was likely to cause Z's death.

Both of these mental states are explicitly mentioned in the facts. 'A' used 'B' as a tool to accomplish what 'A' intended — the killing of 'Z'. The act of inducing 'B' to fire is the act done by 'A', and through that act, 'A' caused the death of 'Z'. 'A' possessed the complete mens rea (guilty mind) required under the principle.

Conclusion:
Applying the principle strictly to the facts:

- 'A' had the intention/knowledge + caused the death (through 'B' as an instrument) → 'A' is guilty of culpable homicide.
- 'B' had no knowledge or intention → 'B' is NOT guilty of culpable homicide.

This is a classic legal scenario illustrating the concept of an innocent agent. When a person with a guilty mind uses an unknowing, innocent party as a means to bring about a criminal outcome, the law treats the instigator — not the innocent instrument — as the one who has committed the offence. 'A' is fully liable because the mens rea and the resulting death are both directly attributable to 'A's conduct.

Therefore, 'A' has committed the offence of culpable homicide, making Option 2 the correct answer.

Unlock Our Free Library

Access expert-curated educational resources and study materials—completely free.

Discover more resources

You may also like

Mock Tests

View All
  • CLAT
  • intermediate
  • 2 hours
  • current affairs, general knowledge, legal reasoning, logical reasoning, quant

  • CLAT
  • intermediate
  • 2 hours
  • current affairs, english, general knowledge, legal reasoning, logical reasoning, quant

Ask AI Tutor
5 left
Q1 View Question & Options
AI Tutor is solving this question...
Reading question context & options...