All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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89.

In Rex v. Govinda the points of distinction between the two provisions of the IPC were explained :

A: Section 37 and Section 149
B: Section 302 and Section 304
C: Section 299 and Section 300
D: Section 403 and Section 405

The answer is: C

Explanation

The correct option is C: Section 299 and Section 300.

In Rex v. Govinda, the Bombay High Court explained the points of distinction between the two provisions of the IPC that define culpable homicide and murder. The court held that the main difference between the two sections is the degree of intention or knowledge required to constitute the offence.

Section 299 defines culpable homicide as causing death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that the act is likely to cause death.

Section 300 defines murder as culpable homicide with certain aggravating circumstances, such as causing death with the intention of causing death or causing such bodily injury as the offender knows to be likely to cause death, or causing death by doing an act so imminently dangerous that it must in all probability cause death or such bodily injury as is likely to cause death.

The court observed that the word "likely" in Section 299 implies a lesser degree of probability than the word "likely" in Section 300, and that the word "knowledge" in Section 299 implies a lesser degree of certainty than the word "knowledge" in Section 300. The court also clarified that the expression "bodily injury likely to cause death" in Section 299 means such injury as is sufficient in the ordinary course of nature to cause death, whereas the expression "bodily injury as the offender knows to be likely to cause death" in Section 300 means such injury as is sufficient in all probability to cause death.