What is Section 304A IPC? Causing death by negligence
Published on: Lawiz Team
Learn about Section 304A IPC: Causing death by negligence
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
Section 304A punishes causing death by negligence, without any intention to cause death.
Purpose
To penalize those who cause death due to negligent actions, even if unintentional.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Scope and Application
Applies to any person whose negligent act directly causes the death of another person.
Important Legal Points
Negligence must be proved. It must be an act or omission that a reasonable person would avoid.
Illustrative Example
A driver speeds through a crowded street, hits a pedestrian, causing death. This is punishable under Section 304A.
Exceptions and Special Cases
Does not apply if the act causing death was done with the intention to kill, which would fall under Section 302 or 304.
Punishment Details
Imprisonment of up to two years, or fine, or both.
FAQs
What does Section 304A IPC define?
Causing death by negligence.
How is 'Causing death by negligence' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 304A IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 304A?
Examples include real-life cases involving causing death by negligence.
Is Section 304A used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 304A IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 304A significant?
It holds importance in the framework of criminal law.