Question

PRINCIPLE: Preparation is not an offence except the preparation of some special offences.
FACT: Ramesh keeps poisoned halua in his house, wishing to kill Binoy whom he invited to a party and to whom he wishes to give it. Unknown to Ramesh, his only son takes the halua and dies. In this case

• A. : Ramesh is liable for the murder.
• B. : He is not liable for murder since it is a preparation alone.
• C. : He is liable for culpable homicide
• D. : None of the above

Hint:

An act of preparation is not punishable unless the act progresses into attempt or actual commission.

Answer 1

The Correct Option is B

Under criminal law, mere preparation is not punishable unless it proceeds to an attempt. Ramesh intended to poison someone but had not committed the act. The halua was merely stored and had not been administered. The son’s consumption was accidental. Thus, since the offence had not moved beyond preparation, Ramesh is not liable for murder. \fbox{Final Answer: (B): He is not liable for murder}