Punishment for Culpable Homicide by Causing Death of Person other than Person whose Death was Intended in India?

Principle and Scope:

Section 301 embodies what the English authors describe as the doctrine of transfer of malice or transmigration of motive. Under the Section if A intends to kill B but kills C whose death he neither intends nor knows himself to be likely to cause, the intention to kill is by law attributed to him.

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If A aims his shot at B but it misses B either because B moves out of the range of the shot, or because the shot misses the mark and hits some other person C whether within the sight or out of sight, than under Section 301 is deemed to have hit C with the intention to kill him.


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