Question

PRINCIPLE: Nothing is an offence 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.

• A. : A has committed culpable homicide not amounting to murder
• B. : A has committed murder
• C. : A has done no offence as he can plead the defence of unsoundness of mind
• D. : A’s family should be responsible for this incident to let him to take child to the well

Hint:

Unsoundness of mind can be a complete defence under criminal law if proven with evidence.

Answer 1

The Correct Option is C

The principle clearly states that if a person is of unsound mind at the time of committing an act and cannot understand the nature or consequences of the act, he is not criminally liable.
In the given case:
A threw his child into the well believing it to be part of a “good bath”.
Later, he himself jumped in to fetch the child, showing no intent to kill.
His mental condition indicates he was unaware of the consequences of his action. Thus, A can claim exemption under the defence of unsoundness of mind. \fbox{Final Answer: (C): A has done no offence as he can plead the defence of unsoundness of mind}