Question:

Principle: Whoever causes death by rash or negligent act commits an offence.
Facts: X is having a house on the roadside which is also having a street on the back of the house. He has a lawn on the back of his house where he has built a toilet. To prevent the intruders from entering his house, he got the fence charged with a high voltage live electric wire. Z was passing through the street at the backyard of the house of X and sat down to take rest near the fence. While getting up, his hands came in contact with the fence which was connected to high voltage electric wire causing his death.

Show Hint

Even actions taken to protect property can lead to legal consequences if they are done in a negligent or reckless manner.
Updated On: Aug 14, 2025
  • X has not committed any offence because he has right to prevent trespass
  • X has committed an offence of causing death by rash and negligent act
  • X has committed no offence because he does not have any enmity with X
  • X has committed an offence of Murder
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is B

Solution and Explanation

In this case, X did take measures to protect his property by putting up an electric fence to prevent trespass. However, the electric fence was a highly dangerous action, which caused the death of Z when he accidentally touched it. The principle mentions that any death caused by rash or negligent act is an offence. Even though X might have had the intention to prevent trespass, he did so in an extremely unsafe manner by using a high voltage electric wire. This is classified as rash and negligent because such a measure can easily cause harm to someone who is unaware of it, leading to an unintended death. Therefore, X is guilty of causing death by a rash or negligent act.
Thus, the correct answer is (B).
Option (A) is incorrect because even though X has the right to prevent trespass, the manner in which he did so was hazardous and negligent. Option (C) is incorrect because the lack of enmity is not relevant to the rash or negligent act. Option (D) is incorrect because this is not a case of murder, as there was no intentional killing.
Was this answer helpful?
0
0

Questions Asked in CLAT exam

View More Questions