A man, in a state of intoxication, retrieved a knife from his residence and proceeded along the road, vocally expressing his intent to murder B, with whom he had previously had an altercation. In the process, he inadvertently killed C, who was attempting to calm him down. What offence, if any, did Acommit?

Solution

Culpable Homicide Not Amounting to Murder (Section 299 IPC): The elements of culpable homicide not amounting to murder include: The death of a human being. The act that resulted in the death must be done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with the knowledge that the act is likely to cause death. The act is not committed in circumstances that would make it murder. Murder by Way of Transfer of Malice: The elements of murder by way of transfer of malice include: The initial intention of the offender to cause harm to one person. The resulting action causing the death of another unintended person. The act is treated as murder as if the harm was intended for the actual victim. Murder (Section 300 IPC): The elements of murder include: The death of a human being. The act that resulted in the death must be done with the intention of causing death. The act is committed with the knowledge that it is likely to cause death. The act is done with the intention of causing bodily injury that the offender knows is likely to cause death. The act is done in circumstances that are sufficient to constitute murder. A's actions could be categorized as culpable homicide not amounting to murder because he did not have the intention to cause death, but his reckless behavior led to the death of another person, C.