TRANSFERRED INTENT (TRANSFERRED MALLIANCE)

The meaning of transferred intent or transferred malice “ if you want to kill someone and by any Miss happening you will kill someone else without having any intention or knowledge to kill that person then also he is liable to come under section 301 of IPC because the mens rea(intention) of that person is to kill someone else. Or we can also say that if a person is doing anything that he knows or intends to do to death or by causing the death of any person, he kills the guilty. After that, he neither knows nor can know himself.

Let’s take an example to learn it down in more brief: x robber came in the house of Mr Z and told him to handover all the precious things and liquid money, but when Z denies giving all those things, Mr X shot on Mr Z but in the meantime, Ms W Mr Z’s wife came in between and tore Mrs W head. So here Mr X would be charged under section 301 of IPC, and he is also liable to commit Murder.

Another example for that doctrine is that Mr X is a robber and he came on mister Z house and said that hand over him all the precious things of that home and all the liquid cash that was present there but Mr Z denied To handover all these things Mr X the robber, and suddenly he took the gun to try to shoot Mr Z but due to the sudden reaction and in his self-defence he pick a knife and threw in front of him but due to mistime that knife tears the neck of his guest Mr A. So, at that time, the court will not punish him, and he can take defence under sec 100 of IPC, which is self-defense.