Concept of Doctrine of Transferred Malice with Examples
Doctrine of Transferred Malice Section 301 IPC Criminal Law
If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.
The Doctrine of Transferred Malice addresses situations where an accused, while intending to kill or cause harm to one person, accidentally causes the death of another.
Rationale behind doctrine of transferred malice
- To prevent an offender from escaping liability by arguing that the actual victim was not the intended one.
- It ensures that criminal intention (mens rea) and act (actus reus) combine to constitute an offence, even if the victim differs.
Example 1
A aims a gun at B with the intention of killing him. The bullet misses B but hits C, who dies. A is guilty of murder of C under Section 301 IPC/Section 102 BNS.
Example 2
A administers poison in B's food intending to kill B. C mistakenly consumes the food and dies. A is guilty of C's murder.
