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General Exceptions Questions and Answers

11.

A is cutting wood with an axe at a place where children are playing nearby. Without any negligence on the part of A, suddenly the axe flies off and kills a child. A is liable for

Exam Year(s)

Tripura Public Service Commission - 2019,

Answer: D

A is liable for no offence.

Section 80 IPC: nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge, in doing a lawful act in a lawful manner by lawful means and with proper care and caution. Its own illustration is a man working with a hatchet whose head flies off and kills a bystander.

The question states there was no negligence, so causing death by negligence (Section 304A) does not apply. With no intention or knowledge, there is no murder or culpable homicide either.

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12.

State the age limit prescribed under Section 82 of Indian Penal Code in which if a child commits an overt act is not considered as an offence ?

Exam Year(s)

UGC NET - 2012,

Answer: B

Section 82 of the Indian Penal Code provides that nothing is an offence which is done by a child under seven years of age, option B. A child that young is conclusively presumed to be incapable of forming criminal intent. Section 83 deals with a child above seven and under twelve who has not attained sufficient maturity of understanding, so twelve years (A) is the limit of that section and not section 82. The ages of sixteen and eighteen in options C and D do not appear in these provisions.

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