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A intended to kill B but killed C mistaking him for B. A is guilty of

Question and options

A intended to kill B but killed C mistaking him for B. A is guilty of
  1. culpable homicide not amounting to murder
  2. culpable homicide amounting to murder
  3. homicide by negligence as he did not intend to kill C
  4. no offence

Answer and explanation

Correct answer: B - culpable homicide amounting to murder
Transferred malice (s.102 BNS, formerly s.301 IPC): if A, intending to kill B, kills C, his culpable homicide has the same character as if he had killed B. It is therefore murder, i.e. culpable homicide amounting to murder.

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