Question

Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.

• A. 'B's death is not accidental, as there was want of proper care and caution on the part of 'A'.
• B. 'B's death is accidental, as 'A' had no intention to kill 'B'.
• C. 'B's death is accidental, as 'A' was just pointing the gun playfully at 'B'.
• D. 'B's death is accidental, as 'A' did not have the intention of knowing that the gun is loaded.

Hint:

Accidental deaths are not offences when there is no intention or criminal knowledge involved.

Answer 1

The Correct Option is B

According to the principle, actions done by accident without criminal intent are not considered offences. In this case, 'A' had no intention to kill 'B' and acted playfully without knowledge that the gun was loaded. Therefore, the death of 'B' is accidental, as there was no criminal intent or negligence involved.


Option (A) 'B's death is not accidental, as there was want of proper care and caution on the part of 'A': This is incorrect. While there was a lack of caution, the death occurred accidentally as there was no intent to harm.

Option (C) 'B's death is accidental, as 'A' was just pointing the gun playfully at 'B': This is incorrect. While it was playful, the key issue is that 'A' did not intend harm.

Option (D) 'B's death is accidental, as 'A' did not have the intention of knowing that the gun is loaded: This is incorrect. The focus is on the lack of intent, not the knowledge of the gun being loaded.