X sets a live electric naked wire in the passage of the latrine so that no trespasser should come and use the latrine. There was no warning that the wire was live and trespasser Y manages to pass into the latrine without contacting the wire but her hand happens to touch the wire while coming out and as a result of shock she dies. What offense, if any, has been committed by X? Give reasons for your answer.

Question: X sets a live electric naked wire in the passage of the latrine so that no trespasser should come and use the latrine. There was no warning that the wire was live and trespasser Y manages to pass into the latrine without contacting the wire but her hand happens to touch the wire while coming out and as a result of shock she dies. What offense, if any, has been committed by X? Give reasons for your answer. [Bihar A.P.P. (A.P.O.) 1985]

Find the answer to the mains question only on Legal Bites. [X sets a live electric naked wire in the passage of the latrine so that no trespasser should come and use the latrine. There was no warning that the wire was live and trespasser Y manages to pass into…]

Answer

Section 304-A, IPC makes the act of causing death by rash and negligent act punishable. It is the degree of negligence that really determines whether a particular act would amount to a rash and negligent act as defined under this section.

It is only when the rash and negligent act is of such a degree that the risk run by the doer of the act is very high or is done with such recklessness and with total disregard and indifference to the consequences of this act, the act can be constituted as a rash and negligent act under this section

The present facts of the case are from Cherubin Gregory v. State of Bihar [AIR 1964 SC 205]. In this case, the deceased was an inmate of a house near that of the accused. The wall of the latrine of the house of the deceased had fallen down a week prior to the day of occurrence, with the result that his latrine had become exposed to public view. Consequently, the deceased, among others, started using the latrine of the accused.

The accused resented this and made it clear to them that they did not have his permission to use it and protested against their coming there.

The oral warnings, however, proved ineffective. Therefore, the accused fixed a naked and uninsulated live wire of high voltage in the passage to the latrine, to make entry into his latrine dangerous to intruders. There was no warning put up that the wire was live. The deceased managed to pass into the latrine without contacting the wire, but as she came out, her hand happened to touch it, she got a shock and died because of it.

It was contended on behalf of the accused that he had a right of private defense of property and death was caused in the course of the exercise of that right, as the deceased was a trespasser.

The Supreme Court rejected the contention stating that the mere fact that the person entering a land is a trespasser does not entitle the owner or occupier to inflict on him personal injury by direct violence.

The court observed that it is no doubt true that the trespasser enters the property at his own risk and the occupier owes no duty to take any reasonable care for his protection, but at the same time, the occupier is not entitled to willfully do any act, such as setting a trap of naked live wire of high voltage, with the deliberate intention of causing harm to trespassers or in reckless disregard of the presence of the trespasser.

It was held that since the trespasser died soon after the shock, the owner who set up the trap was guilty under Section 304-A, IPC. The Supreme Court upheld the conviction of the accused.

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Important Mains Questions Series for Judiciary, APO & University Exams

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