Theoretical overview
Section 304A deals with death caused by rash or negligent act. Rashness conveys the idea of recklessness or doing of an act without the due consideration and negligence connotes want of proper care.
The doer being conscious of the mischievous or illegal consequences, does the act knowing that his act may bring some undesirable or illegal results but without hoping or intending them to occur is considered as a rash act. Negligent act, on the other hand, refers to an act done by a person without taking sufficient precautions or reasonable precautions to avoid its probable mischievous or illegal consequences. Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care and precautions to guard against injury either to the public generally or to the individual in particular which a reasonable man would have adopted.
Section 304A of Indian penal code was inserted in the code in 1870 by the Indian penal code amendment act 1870. This particular section states that whoever causes a death of any person by doing any rash or negligent act not amounting to culpable homicide, will be punished with imprisonment of either description for a term upto 2 years of fine both.
The two basic ingredients for the same are: –
- absence of intentional violence and
- death must be the direct result
Rash and negligent act have different facets which include: –
- Rash and negligent act in driving along a public highway in which the person who is driving a motor vehicle is expected to always be in control of the vehicle in such a manner as to enable him to prevent hitting against any other vehicle or running over any pedestrian.
- Rash or negligent act in medical treatment. Where a doctor is not criminally liable for a patient’s death unless his negligence or incompetence passes beyond the mere matter of competence and shows such a disregard for life and safety as so amount to a crime against the state.
Relevant sections
Section 304A in The Indian Penal Code
Causing death by negligence – 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
Important case laws
Mahadev Hari vs. State of Maharashtra – a man was booked under section 304a for rash driving. Later it was found out that the decived person came suddenly out of nowhere in front of the car. The driver has not neglected an of his duty, hence he was held not guilty.
Cherukin Gregory vs. State of Bihar AIR 1965 – A man has protected his walls by using electrical wire for preventing people to enter in the house. There were no warning signs and the wire was unregulated. One day, the wall fell down and one person died because of the electric current passing through the wire. He was held guilty of causing death by negligence.
Points to remember
- Section 304A deals with death caused by rash or negligent act
- The doer being conscious of the mischievous or illegal consequences, does the act knowing that his act may bring some undesirable or illegal results but without hoping or intending them to occur is considered as a rash act
- Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care and precautions to guard against injury either to the public generally or to the individual in particular which a reasonable man would have adopted.
- Rash and negligent act have different faces which include Rash and negligent act in driving along a public highway and Rash or negligent act in medical treatment
