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  • Mr. A mistakes Y to be Z and kil

Mr. A mistakes Y to be Z and killed Y. He pleaded in court that he did not intent to kill Y at all. He mistaken Y to be Z who he wanted to kill and hence he should be given the defence of mistake. Is Mr. A liable?

Option: 1

Mr. A is not liable and can claim defense of mistake.


Option: 2

Mr. A is liable and can not claim defense of mistake.


Option: 3

Mr A cannot claim the defense because the fact itself is illegal here.


Option: 4

Mr. A cannot claim the defense because he killed someone.


Answers (1)

best_answer

Mistake of fact is no defence if the fact itself is illegal. One cannot do an illegal act and then plead ignorance of a fact. Mr A here cannot plead defense of fact. Hence the correct option is C.  

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