Question:

Principle: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsound state of mind, is incapable of knowing the nature of the act, or that what he is doing is either wrong or contrary to law.
Facts: X takes his son Y, who is three years old, for bathing to the well. He throws his son inside the well so that the son can have a good bath. After 10 minutes, he also jumps into the well to take a bath and get his son out of the well. Both were rescued by villagers, but the son was found dead.

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For the unsoundness of mind defence, the burden is on the accused to prove complete incapacity to understand the act and its consequences.
Updated On: Aug 11, 2025
  • X has committed culpable homicide amounting to murder
  • X has committed murder
  • X has done no offence as he can plead the defence of unsound state of mind
  • X's family should be held responsible for allowing him to take the child to the well
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The Correct Option is A

Solution and Explanation

While the principle exempts acts done in a state of unsound mind, the facts here do not provide clear evidence that X was incapable of understanding the nature and consequences of his act. Throwing a child into a well for "bathing" is an inherently dangerous act showing knowledge of likely fatal consequences. Hence, it amounts to culpable homicide amounting to murder under criminal law.
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