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Question
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Nothing is an offense which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
FACT: A takes his son B who is three years old, for a bath to the well. He throws his son inside the well so that he could have a good bath. After 10 minutes he also jumped in the well to take a bath and take his son out of the well. Both were rescued by the villagers but his son was found dead.
Options
A has committed culpable homicide not amounting to murder
A has committed murder
A has done no offence as he can plead the defence of unsoundness of mind
A's family should be responsible for this incident to let him to take child to the well
Solution
A has done no offence as he can plead the defence of unsoundness of mind
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Rule B: Rights above the laud extend only to the point they are essential to any use or enjoyment of land.
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