Question
W was ill-treated by her husband, H.Being fed up by the
behaviour of H, W decided to end her life. She also had a child who was often ill-treated by his Father. Thus, one day, she took her child and went to a nearby bridge and jumped into the river with the child. Thus, the child died immediately but W was saved by a swimmer. What offence, if any, has been committed by W?Solution
IPC Section 299. Culpable homicide—Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. Section 300. Murder—Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or— 2ndly—If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or— 3rdly—If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or— 4thly—If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such 304. Causing Death by Rash and Negligent Act- act without any excuse for incurring the risk of causing death or such injury as aforesaid. Causing death by a rash and negligent act involves causing someone's death due to negligence. The negligence must be so gross as to indicate a disregard for human life. It is punishable with imprisonment for a term which may extend to two years, or with a fine, or with both.
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