What is Section 304 IPC? Punishment for culpable homicide not amounting to murder
Published on: Lawiz Team
Learn about Section 304 IPC: Punishment for culpable homicide not amounting to murder
Official Legal Text
Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death;
Or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
What This IPC Section Means – Explained in Simple Words
Section 304 deals with the punishment for culpable homicide not amounting to murder.
Purpose
To provide punishment for causing death without the intention or knowledge that it would result in murder.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or imprisonment up to 10 years, and fine; If committed without intention, imprisonment up to 10 years, and fine.
Scope and Application
Applies when death is caused without the clear intention of murder, but due to a rash or negligent act.
Important Legal Points
The section is divided into two parts: Part I applies when there is an intention to cause such bodily injury as is likely to cause death, while Part II applies when there is knowledge that the act is likely to cause death without intention.
Illustrative Example
A person hits another with a heavy object, causing their death without intending to kill them. They are punished under Section 304.
Exceptions and Special Cases
Does not apply if the act is done in self-defense or in the exercise of legal authority.
Punishment Details
Part I: Imprisonment for life, or imprisonment for up to 10 years, and fine. Part II: Imprisonment for up to 10 years, or fine, or both.
FAQs
What is Section 304 IPC about?
Official legal meaning and explanation of Section 304 IPC.
What is the punishment under Section 304 IPC?
Punishment details under Section 304 IPC.
Is offence under Section 304 IPC bailable?
Depends on the seriousness and nature of offence under Section 304 IPC.
Is Section 304 IPC a cognizable offence?
Generally based on severity; needs proper case-by-case analysis.
How to file a case under Section 304 IPC?
Visit local police station, file FIR, submit necessary evidence.
How can a person defend against Section 304 IPC charges?
Possible defences include lack of intention, false accusation, or absence of legal ingredients.
Which court handles cases under Section 304 IPC?
Usually Magistrate Court or Sessions Court depending on punishment prescribed.