Section 300 IPC: Murder of Child Aged 12 Years by Father
criminal ailet beginner pyq_discussionYe question kuch saal pahle AILET ke paper mein aaya tha aur mujhe lagta hai yeh abhi bhi students ko confuse karti hai. Section 300 ke liye abhinetritva ka concept hamesha tricky hota hai. Yeh sawal ask kar raha tha ki ek pita ne apne 12 varsh ki bachchi ko mara hai, lekin uske intentions pure the - woh bachchi ki safety aur education ke liye yeh karna chahta tha kyunki uski mother chori hui thi. Kya is situation mein abhinetritva ka concept kaam kar sakta hai? Aur kya pita ki galti IPC ke uddharan 300 ke under mein aa rahi hai?
2 Comments
Bhai, is case mein Section 300 IPC ki application bahut jatil hain. Chhoti umra ki child ko marenge hain, toh abhi bhi Section 300 IPC ka ' intent to kill ' shart pura hota hai. Bas, wahan question hai ki kya yeh ' intent ' abhi bhi sahi hain, jab bachcha bahut chhota hota hai?
Section 300 IPC covers murder, and the age of the victim doesn't change the nature of the offence. According to the law, a person is considered a child until they're 18 years old. In this case, since the father has murdered his own 12-year-old son, the offence would still fall under Section 300. The aggravating factor here is that the victim was a child, but it's not a separate offence. This would be a case of culpable homicide not amounting to murder (Section 304 IPC might also be applicable).