All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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31.

In which of the following cases does culpable homicide amount to murder ?

A: If the person committing the act that caused death knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury.
B: If the act that caused death is done with the intention of causing death.
C: If the act that caused death is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused.
D: If the act that caused death is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.
E: All of the above..

The answer is: E

Explanation

E. All of the above.

In Indian law, culpable homicide amounts to murder in each of the situations described in options A, B, C, and D. These are different circumstances under which culpable homicide is elevated to the offense of murder under the Indian Penal Code, 1860.

A. If the person committing the act that caused death knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury.

B. If the act that caused death is done with the intention of causing death.

C. If the act that caused death is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused.

D. If the act that caused death is done with the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.

All of these scenarios constitute murder under Indian law because they involve either the intention to cause death or actions that are likely to result in death or severe bodily harm.