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.
Section 304 A Indian Penal Code
The intensity of murder is quite higher than the intensity of culpable homicide. He has also examined Phool Chand DW-1 in his defence. There were several issues raised in this case. So, Section 304A of IPC cannot be used for dealing with cases of medical negligence. Prosecution witnesses relating to the incident are closely related to the complainant. To apply Section 304 A, it is critical to demonstrate that the defendant had no intention of committing a crime.
To ensure fair trial and justice, the difference must be properly comprehended. It was further held that the deceased did not die by taking any substances which may cause her death. Death in custody If a police officer assaults or tortures a prisoner in police custody and as a result of the prisoner succumbs to death, the conviction should be held accordingly to Section 304 Part II of IPC. He and his family members are alleged that they demanded dowry and on which the victim wife of accused was injected with poison and became unconscious and when bought to the hospital she was declared as dead. The appeal is accordingly dismissed. Also, I think there are several reasons for which this Section can not be applied in the cases related to medical treatment.
Death by rash and negligence under section 304Aof IPC
They can reject your visa. The principle of the causes here applies. This statement has been reiterated in several cases by the Supreme Court of India. Culpable homicide has a broader ambit and all culpable homicides are not murders. When she refused, he poured kerosene and lit a matchstick but later frantically poured water to save her. It is not explained as to whether the jerk was because of the uneven road or mechanical failure. The injuries sustained by the deceased were also of compound nature.
The accused shall have to avail the bail from the Magistrate of First Class. FAQ's on IPC Section 304 In Criminal Law The totally wrong dicision given by session court against my family. He became unconscious and succumbed to his injury which was grievous in nature. Difference between Rashness and Negligence The two most frequently used terms while applying Section 304A of the Indian Penal Code are rashness and negligence. When a person throws a stone from the third floor without thinking whether there may be someone on the ground. Rather, Section 304 lays in detail the punishments to be awarded for culpable homicide not amounting to murder. But as these types of uncertainties about the result are very common in the treatment of a person and due to this only the hospital authorities get the consent of the patients or their relatives before the treatment of the patients or before performing any operations.
Charges of all the accused were altered to Section 304 Part I. Â Â Â Â Â Â Â Â Â Â Rash or Negligent Act in Medical Treatment In our country doctors are said to be the second God as they give second life to people by treating them or by giving medical aid to the ill people. Hence, it was held that the bodily injury was not sufficient to cause death and further the act was not committed with the intention to cause death. Statement of accused under Section 313 of the Code of Criminal Procedure, 1973 in short 'Cr. The Apex Court does not find any evidence which shows that the negligent or rash act of the appellant was the proximate cause of damage. The trial court held that the prosecution was not able to prove the liability of Ram Kapur and hence he was acquitted by the trial court.
The period of incarceration depends on the seriousness of the crime. Provisions under section 304A are: Section 304A of Indian Penal Code. The common ingredients of both the sections 279 and 304A of IPC are that the accused must have done such an act or omission and that such act or omission of the accused was rash and negligent. Therefore the Supreme Court held the appellant liable for his breach of duty. They are discussed below with relevant case laws: Spur of the moment It literally means an impulsive act which is done without any premeditation or without any further planning done earlier. But inspite of that the judge has given all 5 members aajeven karawas.
On several occasions there has been a demand for increasing the imprisonment period from two years to five years. To apply Section 304A it becomes very important to show that there is no intention on the part of the defendant to commit a crime. It is a non-bailable, cognizable offense and triable by the Court of Session. It is to be noted that the case rested on circumstantial evidence and the circumstances highlighted were as follows: " 1. Here all the elements of Section 304A need to be checked. What a reasonable doctor will do in a particular situation is a big question.
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The three persons were charged with murder and theft of paddy. It was costly for him and he burnt one of his wives, Vimla to death. Typically the offences that affect one's chances to be recruited in a govt. It carves out a specific offence where death is caused by doing a rash or negligent act and that act does not amount to culpable homicide under Section 299 or murder in Section 300 IPC. Criminal procedure in India involves various steps that would require you to deal with the police at numerous stages and would also involve going to court.