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Under which one of the following provisions of the Indian Penal Code, 1860, causing the death of a child in the mother's womb is not homicide?
Question

Under which one of the following provisions of the Indian Penal Code, 1860, causing the death of a child in the mother's womb is not homicide?

A.

Explanation I of Section 299

B.

Explanation II of Section 299

C.

Explanation III of Section 299

D.

Explanation IV of Section 300

Correct option is C


Explanation III of Section 299 of the Indian Penal Code clarifies that causing the death of an unborn child is not considered culpable homicide unless the child is born alive. This explanation differentiates between the death of an unborn child and homicide, ensuring that only the death of a living person is treated as homicide.
Information Booster:
· Explanation III of Section 299 states that the death of a child in the mother’s womb does not amount to culpable homicide. Homicide requires that the child must have been completely born and living independently. Until birth, the death of the fetus is not treated as culpable homicide under the IPC.
Additional Information:
· Option (a) Explanation I of Section 299: This deals with situations where death caused by negligence can be considered culpable homicide, but it does not address the issue of death in the womb.
· Option (b) Explanation II of Section 299: This explanation is related to the knowledge and intention aspect of causing death but doesn't specifically mention unborn children.
· Option (d) Explanation IV of Section 300: This deals with murder and does not address the specific scenario of an unborn child’s death.

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