Correct option is C
In cases of 'causing death by negligence,' if it is established that both the accused and the victim were at fault, the degree of culpability regarding the amount of negligence on the part of the accused becomes the deciding factor. This principle means that while contributory negligence by the victim is considered, the primary focus is on the extent and nature of the accused's negligence in causing the death. The Court will assess whether the accused's negligence was the primary or substantial cause of the death.
Information Booster: In criminal law, especially in cases involving negligence, the principle of comparative fault is considered. Even if the victim was negligent, the court will primarily examine the accused's level of negligence and whether it significantly contributed to the victim's death. The key question is whether the accused’s actions were grossly negligent and directly caused the fatal outcome, even if the victim also acted carelessly.
Additional Knowledge:
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Carelessness or Contribution of the Victim (a): This is typically not a complete defence; the focus remains on the accused’s negligence.
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Contributory Negligence (b): In criminal cases, contributory negligence of the victim does not completely absolve the accused; it may mitigate the sentence but not eliminate liability.
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None of the above (d): Incorrect, as the degree of the accused's negligence is indeed the deciding factor.
