Published on: 16 July 2023 at 12:40 IST
Court: High Court of Bombay
Citation: Yakinali Nasirali Shaikh V. State of Maharashtra (2022)
Honourable High Court of Bombay has defined Doctrine of Transferred Malice as a situation when a person dies due to the action of the person who was not a primary target of Murder. It is held for invoking the Doctrine, the Prosecution must prove that the said person committing the act of culpable homicide had a piece of knowledge or intention to cause the death of someone and in result kills someone else who he never intended to cause death or even knew that an act will cause his death. The key essentials of Doctrine of Transferred Malice are:-
- Causes death,
- By doing an act with an intention or knowledge of causing the death of a person or,
- Causing such bodily injury as is likely to cause death,
- Causes the death of another person instead of the intended person.
36. Turning to Section 301 of the Penal Code, 1860 which defines culpable homicide by causing death of person other than person whose death was intended. In other words, this is called a doctrine of transferred malice or transmigration of motive. No doubt, in the given set of facts and evidence on record, it appears that the appellant wanted to cause death of P.W.12 – Rehana. It has come on record that he grabbed her hair and pointed the knife on her stomach. When deceased Akbar tried to intervene, he left P.W.12 – Rehana and assaulted deceased Akbar.
Drafted By Abhijit Mishra
