Student Notes - IPC - Death by Negligence!

I. INTRODUCTION

Under Section 304A of the Indian Penal Code, Death by Negligence is defined as – ‘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.

The essential ingredients for someone to be charged under Section 304A are:

• There must be a homicide and the person in question is dead;
• The accused must have caused the death;
•  That such act causing death must be a rash and negligent act;
• Such act should also not amount to culpable homicide.

II. DIFFERENCE BETWEEN CULPABLE HOMICIDE AND DEATH BY NEGLIGENCE

III. DIFFERENCE BETWEEN MURDER AND DEATH BY NEGLIGENCE

IV. CASE REFERENCES

A) ABDUL SHARIF V. STATE OF HARYANA: In this case, the SC had stated that the punishment under 304A is inadequate and needs to be amended to increase it to a higher amount of punishment.

B) SHIVDER SINGH V. STATE: A passenger was standing on the foot-board of a bus to the knowledge of the driver and even so the driver negotiated a sharp turn without slowing down. The driver was held guilty under Section 304A

C) BATDEVJI V. STATE OF GUJARAT: The accused had run over the deceased while the deceased was trying to cross over the road. The accused did not even try saving the deceased, hence was held guilty under Section 304A

D) SURESH GUPTA V. GOVT. OF NCT OF DELHI: The accused medical doctor operated a young man, who had no history of heart ailment, for nasal deformity which was not so complicated or serious. The patient died. The cause of death is stated to be ‘not introducing a cuffed endo-tracheal tube of proper size as to prevent aspiration of blood from the wound on the respiratory passage.