Section 304A of the Indian Penal Code (IPC) pertains to the offense of causing death by negligence. This section criminalizes the act of causing the death of a person due to negligence or rashness. It applies when the accused's actions fall below the standard of care that a reasonable person would have exercised in similar circumstances, and as a result, caused the death of another person.
Under this section, the punishment for causing death by negligence is imprisonment for a term of up to two years, or a fine, or both. The severity of the punishment may increase if the act was committed with the knowledge that it was likely to cause death, or with the intention of causing injury.
To establish the offense under this section, the prosecution must prove that the accused acted with negligence or rashness, and that this resulted in the death of the victim. Negligence refers to the failure to exercise reasonable care and caution, while rashness refers to the act of acting recklessly or without due consideration for the consequences.
An example of an act that may be covered under this section is a driver who causes a fatal car accident because they were texting while driving. Another example is a doctor who fails to properly diagnose a patient, leading to their death.
It is worth noting that the offense under Section 304A is a less serious offense compared to the offense of culpable homicide not amounting to murder, which is covered under Section 299 of the IPC. The difference between the two lies in the intent of the accused. While Section 304A covers acts of negligence or rashness, Section 299 covers acts committed with the intention of causing death or with the knowledge that they are likely to cause death.
In conclusion, Section 304A of the Indian Penal Code criminalizes the act of causing death by negligence or rashness. It applies when the accused's actions fall below the standard of care that a reasonable person would have exercised in similar circumstances, and as a result, caused the death of another person. The punishment for this offense is imprisonment for a term of up to two years, or a fine, or both.