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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"1

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.]

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1. Ins. by Act 27 of 1870, s. 12.

STATE AMENDMENTS

Himachal Pradesh.-
After Section 304 A of the Indian Penal Code, 1860, in its application to the State of Himachal Pradesh, the following section shall be added, namely: -

"304-AA. Causing death or injury by driving a public service vehicle while in a state of intoxication.-Whoever, while in a state of intoxication, drives or attempts to drive a public service vehicle and causes the death of any person not amounting to culpable homicide, or causes any bodily injury likely to cause death, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, as if the act by which death or bodily injury is caused, is done with the knowledge that he is likely by such act to cause death or cause such bodily injury as is likely to cause death.

Explanation. -"Public service vehicle" means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage and stage carriage".

[Vide Himachal Pradesh Act 19 of 1997, sec. 2].

In Section 304-AA of the Indian Penal Code, 1860, in its application to the State of Himachal Pradesh, -

(a) for the words "a public service vehicle" where ever these occur, the words "any vehicle" shall be substituted; and

(b) the Explanation shall be omitted.


[Vide Himachal Pradesh Act 7 of 2012, sec. 2].

 

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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