S. 302 IPC: Intent to Cause Death or Merely Intent to Cause Bodily Harm?

criminal judiciary advanced trick_question

Most 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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