A not knowing, whether it is loaded or not, pulls the trigger of a gun pointing at B , B is shot dead, A can:

Option A: Claim the protection of Section 80 of IPC

Option B: Not Claim the protection of Section 80 of IPC

Option C: Claim the protection of Section 81 of IPC

Option D: Not Claim the protection of Section 81 of IPC

Correct Answer

Option: b

Explanation

B’s death is not accidental, as there was want of proper care and caution on the part of ‘A’ Accident”, a word which is used in everyday life to indicate a course of events, over which a person had no control over and which could not be avoided, despite due diligence and care. Section 80 under the Indian Penal Code, talks about accident as a general exception and which can lead to avoidance of criminal punishment and liability, if established fully before a court of law. Law does not intend to punish a man of the things over which he could possibly have no control over. This implies that, a person when does not intend and cannot even contemplate occurrence of a certain course of events, cannot be held responsible for the happening of that event.

Sample Mock Tests for Practice

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 15 Q. NO. 561 TO 600)

MADHYA PARDESH LOWER JUDICIAL SERVICES 1998

THE CONSTITUTION OF INDIA, 1949 (PAPER – 06 Q. NO. 176 TO 210)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 12 Q. NO. 441 TO 480)

THE LAW OF TORTS (PAPER 02 Q. NO. 46 TO 90)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 03 Q. NO. 71 TO 105)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 18 Q. NO. 681 TO 720)

THE MADHYA PRASESH LAND REVENUE CODE, 1959 (PAPER 02 Q. NO. 31 TO 44)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 17 Q. NO. 561 TO 595)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 13 Q. NO. 421 TO 455)

THE LAW OF ADMINISTRATION (PAPER 01 Q. NO. 1 TO 30)

SAMPLE PAPER 01

AILET – National Law University Delhi Entrance Test (NLU 2021)

AILET – National Law University Delhi Entrance Test (NLU 2020)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 06 Q. NO. 176 TO 210)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 04 Q. NO. 121 TO 135)

THE INDIAN FORESTS ACT, 1927 (PAPER 01 Q. NO. 1 TO 43)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 06 Q. NO. 201 TO 240)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2012

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 16 Q. NO. 601 TO 640)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 16 Q. NO. 526 TO 560)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 09 Q. NO. 321 TO 360)

THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 02 Q. NO. 31 TO 39)

G.K. ENGLISH -02 GGSSS BNL

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 10 Q. NO. 361 TO 400)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 11 Q. NO. 351 TO 385)

CLAT 2022

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2007-2

THE MUSLIM PERSONAL LAWS (PAPER 01 Q. NO. 1 TO 29)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 04 Q. NO. 121 TO 160)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 04 Q. NO. 106 TO 140)

UTTARAKHAND LOWER JUDICIAL SERVICES 2002

THE CONSTITUTION OF INDIA, 1949 (PAPER – 12 Q. NO. 386 TO 420)

AILET – National Law University Delhi Entrance Test (NLU 2022)

AIBE XVII 2023 (BCI-FEB-2023-SET-A) (ALL INDIA BAR EXAM 2023)

THE MADHYA PRADESH ACCOMODATION CONTROL ACT, 1961 (PAPER 01 Q. NO. 1 TO 30)