Tuesday, February 27, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

IPCMODEL ANSWER

DOCTRINE OF MALICE

Write a short note on the doctrine of transfer of malice given under section 301 of the Indian Penal Code, 1860.

Nature’s best ever gift could be to us the life itself and right to live a free and dignified life is not only a fundamental right but it is a natural right and no person has right to violate this right of any other person. If any other person tries to violate this right of another person, then in such a case, it is a duty of state to punish the wrongdoer.

Section 299 and 300 of the Indian Penal Code, 1860, has been enacted by the legislature with a view to create deterrent effect in the society and to prevent the wrongdoer from breaching the right to life of any other person. If any person kills another person without any reasonable excuse, then in such a case, that person will be held liable for having committed the offence of murder given under section 300 of the Indian Penal Code, 1860.

It is a general rule that if a person wants to kill another person and by committing any act he kills that person, then in such a case, he will be punished for having committed the offence of murder. But the main question arises, if a person wants to kill one particular person but by committing any act, he kills another person instead of the intended person, then in such a case, whether he would be held liable for having committed the offence of murder or he could take a defense that he never intended to kill that person.

Section 301 of the Indian Penal Code, 1860, deals with such kind of situations and prescribes the doctrine of transfer of malice. According to this section, if any person commits any act with intention or knowledge that the abovesaid act will cause the death of another person but by committing that act, he causes the death of any other person whose death he neither intended nor known, then also, he will be held liable for having committed the offence of culpable homicide given under Indian Penal Code, 1860.

For example: – A intends to kill B but kills C, without intending to kill him. In this case, the doctrine of transfer of malice will be applicable and it will be presumed that in the first instance itself A intended to kill that person. Thus, he will be held guilty of killing C.

In the leading case of Jagpal Singh vs State of Punjab (SC 1991), the Hon’ble Supreme Court held that an accused is punishable for committing murder under doctrine of transfer of malice under section 301 of the Indian Penal Code, 1860, when he aimed at one person but killed another person.

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