Culpable homicide by causing death of person other than person whose death was intended
AI Assist
Summary
When a person does something intending, or knowing it is likely, to cause the death of a particular person but instead kills a different person, the offender is guilty of culpable homicide of the same description as if the intended person had died. The intent or knowledge for the intended victim is treated as applying to the actual victim for grading the offence.
Example
Ravi puts poison in Karan's tea intending to kill Karan, but Priya drinks the tea and dies. Under this rule, Ravi is guilty of culpable homicide of the same description as he would have been if Karan had died.
Bare Act
Enacted textIf a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.
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