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Q125 (CISF/2019) Polity & Governance › Governance, Policies & Social Justice

A intentionally causes Z's death, partly by illegally omitting to give Z food, and partly by beating Z. A is guilty of

Explanation

This scenario is a direct application of Section 36 of the Indian Penal Code (IPC), which addresses effects caused partly by an act and partly by an omission. The section stipulates that if an offence is defined by a certain effect (in this case, death), causing that effect partly through an act (beating) and partly through an illegal omission (withholding food) constitutes the same offence.

According to the specific illustration provided under Section 36 of the IPC, if A intentionally causes Z's death through these combined means, A has committed murder. The same principle is maintained under the Bharatiya Nyaya Sanhita (BNS). Since the intention to cause death is present and the combined actions resulted in death, it fulfills the criteria for murder rather than a mere attempt or culpable homicide not amounting to murder.

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