Is an interactive online platform that makes it faster and easier to find and hire the best Lawyers in any city/court in India. This section punishes causing death by a rash or negligent act. It says that whoever causes the death of any person by doing either any rash act or any negligent act, and such rash or negligent act does not amount to either culpable homicide amounting to murder or culpable homicide not amounting to murder, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both. Rashness and negligence have nowhere been defined in the Code. However, it can be said that rashness is an overhasty act, opposed to a deliberate one done without due care and caution, while negligence is an utter disregard for the life and safety of others. Criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular, which, having regard to all the circumstances out of which the charge has arisen, it was the imperative duty of the accused person to have adopted. The language of the section makes it plain that the death caused by any rash or negligent act to be made punishable under this section must not amount to culpable homicide.
Indian Penal Code, IPC 1860 Bare Act [PDF Downloadble] 4 0 Puneet Batish Advocate Indian Penal Code (IPC, Hindi: भारतीय दण्ड संहिता) is the main criminal code of India. I.P.C 1860 in Marathi,भारतीय दंड संहिता १८६०, The Indian Penal Code in Marathi I.P.C 1860 in Marathi,The Indian Penal Code, 1860. In this app every one.
Since culpable homicide under the Code may be both not amounting to murder and amounting to murder, this in effect means that death under this section should neither amount to culpable homicide not amounting to murder nor murder. Deliberate deaths caused by running over victims by motor vehicles, many a time by hired assasins, should thus be punishable as murders or culpable homicides not amounting to murder, as the case may be, and not under section 304-A of the Code. The burden of proof in a case under this section is as usual on the prosecution.
Merely because a death has resulted by an accident does not mean that a presumption against the accused must be drawn and he must be asked to explain as to why should he not be held guilty of the same. For instance, the accused cannot be held guilty under this section only on this evidence that his vehicle has left the road and has caused an accident. The prosecution is duty bound to establish death by rashness or negligence on his part. The offence under section 304-A of the Code is cognizable, bailable and non- compoundable, and is triable by magistrate of the first class. Advocate Jaspreet Singh Rai can be consulted for further information at or by calling at +55.