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.

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