Question

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

• A. Section 34 and Section 149
• B. Section 302 and Section 304
• C. Section 299 and Section 300
• D. Section 403 and Section 405

Hint:

Rex v. Govinda (1876) is a key case for understanding the difference between culpable homicide (Section 299) and murder (Section 300).

Answer 1

The Correct Option is C

Step 1: Understanding the Case:
The case of Rex v. Govinda (1876) is a landmark judgment that clarifies the distinction between “culpable homicide” and “murder” under the Indian Penal Code. The decision was delivered by Justice Melvill of the Bombay High Court.
Step 2: Legal Explanation:
- Section 299 IPC defines “culpable homicide” — the act of causing death with the intention or knowledge that death is likely to occur.
- Section 300 IPC defines “murder” — a form of culpable homicide with higher degrees of intention or knowledge, making the act more severe.
The court in Rex v. Govinda explained that all murders are culpable homicides, but not all culpable homicides are murders.
Step 3: Analysis of Options:
- (A) Section 34 and Section 149: These deal with common intention and common object, not culpable homicide.
- (B) Section 302 and Section 304: These deal with punishment for murder and culpable homicide but not the distinction itself.
- (C) Section 299 and Section 300: Correct. These sections define and distinguish between culpable homicide and murder.
- (D) Section 403 and Section 405: These relate to dishonest misappropriation and criminal breach of trust.
Step 4: Final Conclusion:
The correct answer is (C) Section 299 and Section 300, as explained in Rex v. Govinda, which distinguishes between culpable homicide and murder.