Intention and Recklessness – Distinguished

Intention and Recklessness – Distinguished

The Supreme Court in Naresh Giri v. State of M.P. in App. No. 1530/2007 distinguished the mental state required under section 302 IPC from the one required under section 304A IPC. It was a case wherein the driver of a bus, which was hit by a train in an unmanned Railway gate killing two, was charged, among other sections, under Section 302 IPC. He challenged the charge on the basis that he had no intention to cause death.

The Court rightly upheld his contention observing thus:

Recklessness covers a whole range of states of mind from failing to give any thought at all to whether or not there is any risk of those harmful consequences, to recognizing the existence of the risk and nevertheless deciding to ignore it.

[Naresh Giri v. State of M.P. in App. No. 1530/2007 decided on November 12, 2007]