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AIBEP1
AIBEP1
2010
Book 1 of 2
All India Bar Examination
Preparatory Material
Book 1 of 2
First edn.: August, 2010
Bar Council of India,
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All India Bar Examination
Preparatory Materials
Guide to the All India Bar Examinations
Dear Advocate,
These preparatory materials are intended to assist your preparation for the rst All India Bar
Examination (the AIBE). These materials are divided across two books, containing individual
modules on each of the twenty subjects that the AIBE will comprise of.
Before you begin reading through these modules, we recommend that you read this guide to the
AIBE, so that you may plan your preparations better, and so that you are clear in setting goals
leading towards your successfully passing the AIBE. The AIBE will assess capabilities at a basic
level, and is intended to set the minimum standards for admission to the practice of law in India.
It would be useful to reiterate the basic methodology and structure of the AIBE here:
Methodology of the AIBE
The AIBE will have one hundred (100) multiple-choice questions spread across various subjects.
The subjects are taken from the syllabi prescribed by the Bar Council of India for the three-year
and ve-year Ll.B. programmes at law schools in India (as set out under Schedule I to the Bar
Council of India Rules).
These subjects are divided into two categories: the rst comprises subjects that may be considered
foundational in nature, those that form the basis for large areas of law; the second comprises
other subjects, which a new entrant to the legal profession must also have a basic understanding
of.
The Examination paper will comprise at least seven (7) questions from each Category I subject.
The paper will also have twenty-three (23) questions from the Category II subjects as a whole.
These twenty-three questions will include questions from at least ve (5) Category II subjects.
Category I subjects will be tested in Part I of the question paper, and Category II subjects will be
tested in Part II of the question paper.
All India Bar Examination: Preparatory Materials
2010 Bar Council of India and Rainmaker Training & Recruitment Private Limited. All rights reserved. Any unauthorised use or reproduction of these
materials shall attract all applicable civil and criminal law remedies.
The Category I and Category II subjects are set out below:
Serial
Number
Category / Subject
Number of
Questions
Category I (Part I of the Paper)
1 Alternative Dispute Resolution 7
2 Civil Procedure Code and Limitation Act
7
3 Constitutional Law 7
4
Contract Law, including Specic Relief, Special Contracts, and
Negotiable Instruments
7
5 Criminal Law I: The Indian Penal Code 7
6 Criminal Procedure 7
7 Drafting, Pleading, and Conveyancing 7
8 Evidence 7
9 Jurisprudence 7
10
Professional Ethics and the Professional Code of Conduct for
Advocates
7
11 Property Law 7
Category II (Part II of the Paper)
12 Administrative Law
23 questions in
all, and these
questions will
include
questions from
at least 5
subjects in
Category II
13 Company Law
23 questions in
all, and these
questions will
include
questions from
at least 5
subjects in
Category II
14 Environmental Law
23 questions in
all, and these
questions will
include
questions from
at least 5
subjects in
Category II
15 Family Law
23 questions in
all, and these
questions will
include
questions from
at least 5
subjects in
Category II
16 Human Rights Law
23 questions in
all, and these
questions will
include
questions from
at least 5
subjects in
Category II
17 Labour and Industrial Law
23 questions in
all, and these
questions will
include
questions from
at least 5
subjects in
Category II
18
Law of Tort, including Motor Vehicle Accidents, and Consumer
Protection Law
23 questions in
all, and these
questions will
include
questions from
at least 5
subjects in
Category II
19 Principles of Taxation Law
23 questions in
all, and these
questions will
include
questions from
at least 5
subjects in
Category II
20 Public International Law
23 questions in
all, and these
questions will
include
questions from
at least 5
subjects in
Category II
The All India Bar Examination shall be structured with multiple-choice questions (that is, the
correct answer would have to be marked out on the Optical Mark Recognition (OMR) format
answer sheet provided, and no writing of an answer would be required.)
These questions will be divided into knowledge-based and reasoning questions, and you will
be allowed a maximum of three hours and thirty minutes (3 hours, 30 minutes) to complete the
AIBE.
The All India Bar Examination will be open-book, which means that you may bring in any
reading materials or study aids that you choose, such as these preparatory materials, textbooks
and treatises, and even handwritten notes. You may not, however, bring in any electronic devices,
such as laptop computers, mobile phones, or any device equipped with a radio transceiver (such
as pagers) at the examination centre.
All India Bar Examination: Preparatory Materials
2010 Bar Council of India and Rainmaker Training & Recruitment Private Limited. All rights reserved. Any unauthorised use or reproduction of these
materials shall attract all applicable civil and criminal law remedies.
The results generated after the answer scripts are corrected will simply state whether an advocate
has or has not qualied for practice (that is, whether the advocate has passed or failed the AIBE);
no percentage, percentile, rankings, or absolute marks will be declared.
A Certicate of Practice shall be issued by the Bar Council of India, under the signature of the
Chairman to the address of the successful advocate within 30 days of the date of declaration of
results.
Points of Advice Towards Preparing for the AIBE
The emphasis throughout the AIBE structure and methodology is on assessing your understanding
of an area of law, rather than on the ability to memorise large texts or rules from different areas of
law. The 100 questions in the AIBE, as we have seen, are divided across two categories:
knowledge-based and reasoning questions.
Samples of both, the knowledge-based and reasoning questions, are as follows:
Knowledge-Based Questions (Category A Questions)
Category A questions test your knowledge of a certain area of law. For example:
Question: From amongst the following, choose the option that most correctly describes the
interpretation accorded to Article 14 of the Constitution in the case of Indra Sawhney v. Union of
India (AIR 1993 SC 477):
Options:
(a) The fundamental right to approach the Supreme Court in exercise of its writ
jurisdiction under Article 32 cannot be suspended even during the effect of a
declaration of Emergency.
(b) Only a natural person is regarded as a citizen, and therefore only natural persons
are accorded fundamental rights under the Constitution.
(c) The use of methods such as narcolepsy during criminal investigations is prohibited.
(d) The meaning of equality under Article 14 is that equals must be treated equally,
and unequals must be treated unequally.
(e) Reservations are prohibited under the Constitution of India, since they violate the
principle of equality before the law enshrined in Article 14.
Correct Answer: (d)
Reasoning Questions (Category B Questions)
Category B questions seek to test your logical and reasoning abilities. These also seek to test your
comprehension abilities. For example:
All India Bar Examination: Preparatory Materials
2010 Bar Council of India and Rainmaker Training & Recruitment Private Limited. All rights reserved. Any unauthorised use or reproduction of these
materials shall attract all applicable civil and criminal law remedies.
Question: Advocate A has been approached by the ofcers of X Private Limited to represent the
company in a matter before the court. Should X Private Limited get an unfavourable verdict in the
case, it would have to pay a very big penalty to the regulator concerned, and would even lose its
license to provide the services on which its business is based. X Private Limited is the wholly
owned subsidiary of Y Private Limited, and Advocate A is a Director of Y Private Limited.
Principle: An Advocate should not act or plead in any matter in which he is himself pecuniarily
interested.
Options:
(a) Advocate A can appear in the matter, since he does not have a pecuniary interest in
X Private Limited.
(b) Advocate A cannot appear in the matter, since he may be considered as employee of
X Private Limited by virtue of being a Director of Y Private Limited.
(c) Advocate A has a pecuniary interest in the matter, since an adverse verdict against X
Private Limited would directly affect Y Private Limited, of which he is a Director.
(d) Advocate A can appear in the matter since he is not directly engaged as a Director of
X Private Limited.
(e) Advocate A does not have a pecuniary interest in the matter, since Y Private Limited
may have other business interests other than those in X Private Limited, and as
such, an adverse verdict against X Private Limited would not affect Y Private
Limited.
Correct Answer: (c). An adverse verdict against X Private Limited under which it may lose its
license to provide the services on which its business is based would clearly affect the pecuniary
interests of Y Private Limited, since it is a wholly owned subsidiary of Y Private Limited. As
Advocate A is a Director of Y Private Limited, he has a pecuniary interest in the matter, and cannot
appear.
What should you do to be able to answer such questions in the best possible way? A few simple
rules which may help your preparation are set out here:
Rule 1: Understand; Do Not Memorise by Rote
An advocate appearing for the AIBE would be well-advised not to attempt learning the contents of
these materials, or indeed, any portion of them, by heart; rather, you should attempt a few
thorough readings of these modules, highlighting and marking out important portions as you
go along. A good understanding of these modules will help you successfully attempt the questions
in the AIBE with ease. Furthermore, you will be able to put to better use the limited time that you
will have in the examination hall: you should not nd yourself in a situation where you are
constantly ipping through your preparatory materials, trying to nd the correct answer if you
follow the advice set out earlier, you should be able to go directly to the page that you need.
All India Bar Examination: Preparatory Materials
2010 Bar Council of India and Rainmaker Training & Recruitment Private Limited. All rights reserved. Any unauthorised use or reproduction of these
materials shall attract all applicable civil and criminal law remedies.
Rule 2: Read the Question Thoroughly
A frequent mistake made by those answering questions like the ones in the AIBE is trying to
answer the question without reading it properly. While this sounds like an obvious point to make,
you must be careful not to fall into the trap of picking an answer without understanding both, the
question, as well as the principle provided, thoroughly. Very often, more than one of the options
in a multiple-choice question may seem right the option that you must choose, however, (a)
must be the one that answers the question most directly, and (b) must be the one that is based
most closely on the principle of law that is provided to you.
Rule 3: Manage Your Time Properly
Bear in mind that you have only limited time to answer all the questions in the AIBE; while
answering questions correctly is important, making sure you have enough time to answer all
the questions is equally critical! Divide the three hours and thirty minutes that you have into
clear segments; for example:
Spend the rst 5 minutes scanning the question paper as a whole; make sure your copy has
all 100 questions printed on it;
Spend the next 150 minutes (2 hours and 30 minutes) on Part I of the question paper;
Use the remaining 5 minutes to quickly scan your answer sheet to make sure you have
lled in all the necessary details clearly and accurately.
Disciplined time management is critical in any time-bound examination; this seems easy, but is
difcult to achieve without practice. You would be well-advised, therefore, to make sure that you
time yourself whenever you are attempting a sample / practice paper as you get closer to the
actual AIBE. Your last three or four practices should be strictly time-bound: ask someone you trust
to mark the time when you begin your attempt, and to stop you three hours and thirty minutes
later the closer your simulation is to the actual examination environment, the more comfortable
and condent you will be on the day of the actual AIBE.
Rule 4: Identify and Address Your Weaknesses
As you prepare for the AIBE, you may nd that there are certain areas where you tend to stumble.
These areas of weaknesses vary from person to person. Knowing what your areas of weakness are
is critical; the next vital step is addressing these weaknesses, and moving past them.
Be precise in identifying any problems you face:
Is it a question of speed? Try timing your attempt at each question; if you are taking more
than 2 minutes per question, then you might be in trouble. To address this problem, you
could try working with smaller sets of questions at a time: try sprint tests, answering 5
questions in 10 minutes, and then gradually building up to a full-length test.
Is it a problem with a particular area of law? Try leaving that section for the last: attempt the
rest of the question paper, and come back to that section at the end. This approach helps
All India Bar Examination: Preparatory Materials
2010 Bar Council of India and Rainmaker Training & Recruitment Private Limited. All rights reserved. Any unauthorised use or reproduction of these
materials shall attract all applicable civil and criminal law remedies.
some people, because chances are, you are much more condent after answering the
questions that you are more comfortable with, and will be in a better frame of mind when
approaching your problem subject.
Are you having trouble reading the questions quickly? Sometimes the trouble does not lie in the
question paper itself, but in some other area. In such a case, you should try and use any of
the common solutions to such problems: the only way to improve your reading speed, for
example, is to read as much as possible read the newspaper, these materials, novels
anything that keeps your interest, so long as you are reading.
Are you having trouble concentrating for three hours and thirty minutes at a stretch? This is more
common than you think. The AIBE is a fairly rigorous test, and concentrating for the entire
stretch of the examination may not be easy. The obvious answer is practice but that does
not always help. A better solution may be to try and study with, or at least to attempt your
practice tests with, a friend or a group of friends. Often, when you begin to tire, the sight of
others working around you helps you get back to the task at hand.
These solutions do not work for everyone; the point of emphasis here is that you must try and
gure out what, if anything, is holding you back, and how best you can get past that problem.
Guide to Using these Preparatory Materials
The materials are created using a simple, principle-and-illustration approach. These are not meant
to be a substitute for what you have already studied and learnt while in law school; rather, these
are meant to refresh your memory on the basic knowledge that you must have at hand when you
join the community of Indian legal professionals, and commence the practise of law.
All the modules are published in a consistent, two-column format. Page numbers, as well as the
line numbers alongside each column, are meant to aid quick reference.
A nal point: do make sure that you check the website of the Bar Council of India
(www.barcouncilondia.org) regularly. Updates, model papers, as well as other critical
information and resources on the AIBE will be published on that website regularly, and it is critical
that you stay up-to-date with all of these.
All the best!
x-x
All India Bar Examination: Preparatory Materials
2010 Bar Council of India and Rainmaker Training & Recruitment Private Limited. All rights reserved. Any unauthorised use or reproduction of these
materials shall attract all applicable civil and criminal law remedies.
All India Bar Examination
Preparatory Materials
Acknowledgements and Author Credits
The publishers acknowledge the contribution of the following as authors of the modules on certain
subjects in these preparatory materials:
Dr. Aman Hingorani
Subject!! ! : ! Alternate Dispute Resolution
Ph.D., Delhi University.
Advocate on Record, Supreme Court of India.
Adjunct Faculty! : ! Indian Law Institute, New Delhi; Campus Law Centre, University of
! ! ! ! Delhi.
Former Faculty!! : ! School of Law, G.G.S.I.P. University, New Delhi; St. Stephens College,
! ! ! ! University of Delhi; Keble College, Oxford; South Asian Institute of
! ! ! ! Advanced Legal and Human Rights Studies, Dhaka.
Rishad Medora
Subject!! ! : ! Civil Procedure Code and Limitation Act
B.A.,Ll.B (Hons.), National Law School of India University, Bangalore
Advocate, High Court of Calcutta.
Formerly Associate, Amarchand & Mangaldas & Suresh A. Shroff & Co., Mumbai.
Shri Singh
Subjects! ! :! Indian Penal Code, Criminal Procedure Code, and Indian Evidence
! ! ! ! Act
B.A.,LlB (Hons.), National Law School of India University, Bangalore.
Advocate, High Court of Delhi.
Achyuth Ajithkumar
Subject!! ! : ! Drafting, Pleading, and Conveyancing
B.S.L.,Ll.B, I.L.S. Law College, Pune.
Advocate, High Court of Karnataka.
Professor Rahul Singh
Subject!! ! : ! Jurisprudence
B.A.,Ll.B (Hons.), National Law School of India University, Bangalore; Ll.M., Harvard University.
Professor and Assistant Director, Directorate of Legal Education, Bar Council of India.
All India Bar Examination: Preparatory Materials
2010 Bar Council of India and Rainmaker Training & Recruitment Private Limited. All rights reserved. Any unauthorised use or reproduction of these
materials shall attract all applicable civil and criminal law remedies.
Abhishek Singh
Subject ! ! : ! Professional Ethics and the Professional Code of Conduct for
! ! ! ! Advocates
B.A. (Hons.) (Sociology), Concord University, U.S.A.; B.S. (Hons.) (Finance and Prelegal Studies),
Minor in Politics, Concord University, U.S.A.; Juris Doctor (Widener University, School of law,
USA).
Admitted to the Bar, Pennysylvania.
Advocate, High Court of Delhi.
Abhishek Tripathi
Subject!! ! : ! Property Law
B.A., Ll.B (Hons.), National Law School of India University, Bangalore.
Advocate, New Delhi.
Samar Bansal
Subject!! ! : ! Administrative Law
B.A., Ll.B (Hons.), National Law School of India University, Bangalore; Gold Medallist and Best
Student Advocate.
Advocate, Supreme Court of India.
Shobha Singh
Subject!! ! : ! Company Law
B.Sc., Ll.B, West Bengal National University of Juridical Sciences, Kolkata.
Partner, R.D.A. Legal, New Delhi.
Sudhir Mishra
Subject!! ! : ! Environmental Law
B.A. History (Hons.); B.A.,Ll.B, Campus Law Centre,Delhi University.
Advocate, Supreme Court of India.
Siddharth Nair
Subjects! ! : ! Family Law, Labour and Industrial Law, and Public International
! ! ! ! Law
B.A.,Ll.B (Hons.), National Law School of India University, Bangalore.
Proprietor of the Ofces of Siddharth Nair.
All India Bar Examination: Preparatory Materials
2010 Bar Council of India and Rainmaker Training & Recruitment Private Limited. All rights reserved. Any unauthorised use or reproduction of these
materials shall attract all applicable civil and criminal law remedies.
Sonal Makhija
Subject!! ! : ! Human Rights Law
MSc. in Law, Anthropology and Society from the London School of Economics and Political
Science.
Researcher and legal consultant working on human rights, gender, and law.
Swagata Raha
Subject!! ! : ! Human Rights Law
B.Sc., Ll.B, West Bengal National University of Juridical Sciences, Kolkata.
Human Rights Researcher.
Abhayraj Naik
Subject!! ! : ! Law of Torts, including Motor Vehicle Accidents, and Consumer
! ! ! ! Protection Law.
B.A.,Ll.B (Hons.), National Law School of India University, Bangalore; Ll.M., Yale University.
Assistant Professor, and Assistant Director, Centre for Public Law and Jurisprudence, Jindal
Global Law School, Sonipat.
M. V. Swaroop
Subject!! ! :! Principles of Taxation Law
B.A., Ll.B (Hons.), National Law School of India University, Bangalore.
Advocate, High Court of Madras.
The modules on Constitutional Law and Contract Law, including Specic Relief and Negotiable
Instruments, have been authored by Rainmaker Training & Recruitment Private Limited.
The publishers also wish to acknowledge the following for agreeing to review certain modules in
the preparatory materials:
Professor (Dr.) Sudhir Krishnaswamy
Subjects Reviewed! :! Constitutional Law and Jurisprudence
B.A., Ll.B. (Hons.), National Law School of India University, Bangalore; Rhodes Scholar, 1998;
B.C.L. and D.Phil in Law, University of Oxford.
Professor Krishnaswamy has taught at the National Law School of India University, Bangalore;
Pembroke College, University of Oxford; and the West Bengal National University of Juridical
Sciences, Kolkata, among other places.
All India Bar Examination: Preparatory Materials
2010 Bar Council of India and Rainmaker Training & Recruitment Private Limited. All rights reserved. Any unauthorised use or reproduction of these
materials shall attract all applicable civil and criminal law remedies.
Lovely Dasgupta
Subject Reviewed! :! Contract Law, including Specic Relief and Negotiable Instruments
Lovely Dasgupta has completed her Ll.M and M.Phil from the West Bengal National University of
Juridical Sciences, Kolkata, and is presently Assistant Professor of Law at the West Bengal National
University of Juridical Sciences, Kolkata.
M. Maithreyi
Subject Reviewed! :! Principles of Taxation Law
Ms. Maithreyi completed her B.A., Ll.B. (Hons.) from the National Law School of India University,
and her Ll.M. in Taxation from Cambridge University. She is visiting faculty at the National Law
School of India University, Bangalore.
Umakanth V.
Subject Reviewed! :! Company Law
Ph.D., National University of Singapore; Ll.M., New York University; B.A., Ll.B (Hons.), National
Law School of India University, Bangalore.
Formerly Partner, Amarchand & Mangaldas & Suresh A. Shroff & Co., Bangalore.
Umakanth is currently Assistant Professor of Law at the Faculty of Law, National University of
Singapore. He is also Chairman of the Board, Rainmaker.
x-x
All India Bar Examination: Preparatory Materials
2010 Bar Council of India and Rainmaker Training & Recruitment Private Limited. All rights reserved. Any unauthorised use or reproduction of these
materials shall attract all applicable civil and criminal law remedies.
Subject
Number
Subject Page Number
1 Alternative Dispute Resolution 1
2 The Civil Procedure Code, 1908, and The
Limitation Act, 1963
20
3 Constitutional Law 43
4 Contract Law, including Specic Relief,
Special Contracts, and Negotiable
Instruments
77
5 Criminal Law I - IPC 104
6 Criminal Law II - Criminal Procedure
Code
123
7 Drafting, Pleading, and Conveyancing 143
8 Evidence Act 158
9 Jurisprudence 174
10 Professional Ethics and the Code of
Conduct for Advocates
186
11 Property Law 199
Table of Contents
All India Bar Examination:
Preparatory Materials, Book 1
2010, Bar Council of India and Rainmaker Training & Recruitment Private Limited. All rights reserved. Any unauthorised use or
reproduction of these materials shall attract all applicable civil and criminal law remedies.
All India Bar Examination
Preparatory Materials
Subject 1: Alternative Dispute Resolution
A.39A of the Constitution of India (the
Constitution) directs the State to ensure that
the operation of the legal system promotes
justice, on the basis of equal opportunity, and
in particular, to provide free legal aid, by
suitable legislation or schemes or in any other
way, to ensure that opportunities for securing
justice are not denied to any citizen by reason
of economic or other disability.
The Supreme Court has also recognised the
right to speedy trial as being implicit in A.21
of the Constitution. (Hussainara Khatoon v.
State of Bihar, AIR 1979 SC 1360)
To give effect to this mandate, Parliament has
recognised various alternative dispute
resolution (ADR) mechanisms, such as
arbitration, conciliation, mediation, and Lok
Adalats to strengthen the judicial system.
S.89 of the Code of Civil Procedure, 1908 (the
Code) expressly provides for settlement of
disputes through ADR.
S.89(1) of the Code provides that where it
appears to the Court that there exist elements
of a settlement which may be acceptable to the
parties, the Court shall formulate the terms of
settlement, and give them to the parties for
their observations, and after receiving the
observations of the parties, the Court may
reformulate the terms of a possible settlement
and refer the same for arbitration, conciliation,
mediation and judicial settlement, including
settlement through a Lok Adalat.
S.89 (2) of the Code provides that where a
dispute has been so referred:
Incapacity of a party;
Invalidity of agreement;
Suggesting a recess.
Role of Silence in Mediation
The use of silence in mediation cannot be
overemphasised. A mediator must understand
the relevance of the pauses and silences of the
! All India Bar Examination: Preparatory Materials! 15
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materials shall attract all applicable civil and criminal law remedies.
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parties during mediation. Very often, an
important piece of information is revealed
after a period of silence.
Silence can be helpful to a speaker because it:
Private defence;
Sudden ght; or
Consent.
Distinction between S.299 and S.300 of the
IPC!
The distinction between S.299 and S.300 of the
IPC was discussed by Melville, J., in Reg. v.
Govinda, (1876) ILR 1 Bom 342. This decision
has now attained the status of being locus
classicus for the understanding of culpable
homicide. The tabular comparison used in the
said judgment has been quoted with approval
by the Supreme Court.! !
Distinction between S.299(b) of the IPC and S.300
(2) of the IPC
The distinguishing feature of the mens rea
requisite under S.300(2) of the IPC is the
knowledge possessed by the offender
regarding the particular victim being in such a
peculiar condition or state of health that the
internal harm caused to her is likely to be
fatal, notwithstanding the fact that such harm
would not in the ordinary way of nature be
sufcient to cause the death of a person in
normal health or condition.
The 'intention to cause death' is not an
essential requirement of S.300(2) of the IPC.
Only the intention of causing the bodily injury
coupled with the knowledge of the likelihood
of such injury causing the death of the
particular victim, is sufcient to satisfy S.300
(2) of the IPC. (See Illustration (b) appended to
S.300 of the IPC)
S.299(b) of the IPC does not postulate any
such knowledge on the part of the offender.
Instances of cases under S.299(b) of the IPC
are where the assailant causes death by a st
blow intentionally given knowing that the
victim is suffering from a diseased heart and
such blow is likely to cause death of that
particular person as a result of the failure of
the heart, as the case may be. If the assailant
had no such knowledge about the disease or
special frailty of the victim, nor an intention to
cause death or bodily injury sufcient in the
ordinary course of nature to cause death, the
offence will not be murder, even if the injury
was intentionally given.
! All India Bar Examination: Preparatory Materials! 112
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Distinction between S.299(b) of the IPC and S.300
(3) of the IPC
Instead of the words 'likely to cause death'
occurring in S.299(b) of the IPC, the words
sufcient in the ordinary course of nature to
cause death have been used in S.300(3) of the
IPC. The distinction lies between a bodily
injury likely to cause death and a bodily injury
sufcient in the ordinary course of nature to
cause death. The distinction is ne but real
and if overlooked, may result in miscarriage
of justice. The difference is one of the degree
of probability of death resulting from the
intended bodily injury. To put it more broadly,
it is the degree of probability of death that
determines whether a culpable homicide is of
the gravest, medium or the lowest degree. The
word 'likely' in S.299(b) of the IPC conveys the
sense of the probable as distinguished from a
mere possibility. The words bodily
injury...sufcient in the ordinary course of
nature to cause death mean that death will be
the most probable result of the injury, having
regard to the ordinary course of nature.
For cases to fall within S.300(3) of the IPC, it is
not necessary that the offender intended to
cause death, as long as the death ensues from
the intentional bodily injury or injuries
sufcient to cause death in the ordinary course
of nature.
(See State of Andhra Pradesh v. Rayavarapu
Punnayya and Another, 1977 Cri.L.J. 1;
Augustine Saldanha v. State of Karnataka, 2003
Cri L J 4458; Shri Harendra Nath Borah v. State of
Assam, JT 2007 (2) SC 404)
In Virsa Singh v. State of Punjab, 1958 Cri.L.J
818, the Supreme Court explained the scope of
S.300(3) of the IPC. The Court observed that
the prosecution must prove the following facts
before it can bring a case under S.300(3) of the
IPC:
Emasculation;
Unsoundness of mind;
Intoxication; or