What is causing death by negligence? What is the punishment for causing death by negligence? Section 304A of Indian Penal Code 1860

 

Causing death by negligence and Punishment for causing death by negligence under Indian Penal Code is defined under Section 304A of Indian Penal Code 1860. Provisions under section 304A are:

Section 304A of Indian Penal Code. "Causing death by Negligence"

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]

For application of this section it is necessary that the death is caused by doing a rash or negligent act and such act must not amount to culpable homicide. Thus this section shall apply where there is neither any intention to cause death nor knowledge that the act would in all probability cause death. To impose criminal liability under this section it is necessary that the death should have been the direct result of a rash or negligent act of the accused, and that act must be the proximate and efficient cause without the intervention of another's negligence. It must be the causa causans; it is not enough that it may have been the causa sine qua non. Culpable rashness is acting with consciousness that the mischievous and the illegal consequence may follow but with the hope that they will not and often with the belief that the actor has taken sufficient precautions to prevent their happening.  Culpable negligence is acting without the consciousness that the illegal and mischievous effect will follow, but in circumstances which show that the actor has not exercised the caution required of him and that if he had he would have had the consciousness. the immutability arises from the neglect of the civic duty of circumspection. Where a chemist gives expired date medicine to a patient and the patent dies, the chemist would be liable for causing death by negligence because he has failed to exercise due caution to ascertain whether the medicine that he was giving was expired date or not.

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