S. 302 IPC: Intent to Cause Death or Merely Intent to Cause Bodily Harm?
criminal judiciary advanced trick_questionMost people get carried away with the obvious answer of abetting culpable homicide not amounting to murder (S. 304 Part II IPC) when they encounter a scenario like this: a person puts a revolver in the wrong hand of a drunk friend and he accidentally shoots another friend. They assume there's no S. 302 (punishment for murder) because of the involuntary action, but the key word here is "involuntary". There's a crucial difference between an action that results from a lack of knowledge (involuntarily) and one that results from a lack of desire (unintentionally). S. 302 requires only that there was an intent to cause the bodily harm that resulted in death.
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Sahi sawal yaar, S. 302 IPC ka interpretation toh aapko pata hai kya hai. Intention to cause death aur bodily harm ke beech difference to Seshadri v/s Ranganath case mein decide hua hai. Wahan court ne yeh decide kiya hai kisi intention ko 302 IPC ke under apply karna chahega ya nahi, uske intention aur circumstances par depend karta hai.