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    Question

    A, intending to kill B, mixes poison in B’s food but

    C, his cousin, takes the food and dies. State the liability, if any, of A.
    A A is not liable and exempted from killing C Correct Answer Incorrect Answer
    B A is not liable as he never intended to kill C Correct Answer Incorrect Answer
    C A is liable for killing C by invoking the principle of transfer of malice Correct Answer Incorrect Answer
    D Both (a) and (b) are correct Correct Answer Incorrect Answer

    Solution

    ● Intent Transfer: The principle applies when the intention of the offender to cause harm to one individual results in harm to another unintended person. ● Liability Shift: In cases where the harm caused to the unintended victim is of a criminal nature, the individual who initially intended the harm is held liable as if the harm was intended for the actual victim. ● Mens Rea: The concept underscores the importance of the guilty mind or criminal intent (mens rea) in establishing criminal liability. ● Application in Various Offenses: The doctrine of 'transfer of malice' finds application in various offenses, including those related to physical harm, as well as other criminal acts resulting in unintended consequences.

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