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.

    Practice Next

    Relevant for Exams:

    Hey, Don't leave. If you have any queries regarding any exam let us know here.

    ask-question