Multiple choice

Principle: Nothing is an offence if 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 what he is doing, is wrong or contrary to law. Factual Situation: A, an author of macabre stories, was undergoing treatment for somnambulism. One night, he was given a high dose of sedative as he had become violent. There was a ‘Do not disturb’ board out side his room. Early morning, while A was still asleep, a nurse went to his room to check his condition. She started to note his pulse and thereafter to measure his BP. While she was fixing the equipment to measure the BP, A, saw the nurse, but in a delirium he thought the nurse to be a vampire going to drink his blood. Suddenly in order to exercise the ghost, A grabbed the BP apparatus and hit the ‘ghost’ on the head several times. The nurse collapsed and died subsequently.

  1. A is not liable for the murder of the nurse as her action disturbed A’s sleep.

  2. A is liable for the murder of the nurse as no one is expected to practice exorcism in the modern times.

  3. A is liable for causing grievous hurt of the nurse as she did not die immediately.

  4. A is not liable for the murder of the nurse as he did not know what he was doing.

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under Indian Penal Code, an act by a person at the time of unsoundness of mind, is incapable of knowing the nature of the act, cannot be held liable for the act. Hence, A is not liable for the murder of the nurse as he did not know what he was doing.