why do you appreciate the darling act of Smitha
Answers
Answer:
Explanation:
The omissions of individuals are generally not criminalised in English criminal law, subject to situations of special duty, contractual duty, and the creation of dangerous situations. Whilst other jurisdictions have adopted general statutory duties to rescue,[1] it is not recognised in English law that an individual has any duty to assist strangers in situations of peril. Proponents of the current legal position regard it as wrong for the criminal law to punish individuals for committing no physical act, which it is argued would be an infringement on human autonomy.[2] Academics arguing for reform argue that a social responsibility to assist others should exist, particularly where there would be no danger to the rescuer.[3]
Liability for omissions has long existed where a pre-existing duty can be established between two parties. For example, where an individual accidentally creates a small fire in a flat, he is under a duty to take reasonable steps to extinguish it, or to summon help.[4] A special duty also exists between parents and their children, and an omission of a parent to save their young child from drowning would result in criminal liability, as it is deemed a parent voluntarily undertakes to ensure the wellbeing of their child.[5] Other duties may be inferred from contractual obligations, and so an individual employed to ensure individuals do not cross a railway line while there are trains running would be found criminally negligent where he abandoned his post