Multiple choice

Fact: A left his car engine running on a busy street when he stepped out for a minute to purchase a bottle of water from a shop on the side. While he was in the shop, some miscreant released the hand break of his car. The car being on a slope, crashed into a person standing nearby he died as a consequence. Can A be convicted for causing death by rash and negligent act? Issue: What offence, if any, has been committed?

  1. A can be charged with the death by rash and negligent act as he left the car running on a busy street.

  2. A cannot be guiltily of death, because the death was caused by miscreants.

  3. It is a case of accident.
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A Correct answer
Explanation

Leaving a car engine running on a busy street without proper precautions constitutes negligence. The fact that a miscreant released the hand brake does not break the chain of causation - A's initial negligent act of leaving the car unattended and running on a slope created the foreseeable risk. Section 304A applies when death is caused by a rash or negligent act, regardless of who directly triggered the immediate cause.

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