Article 304a

Querist : Anonymous (Querist) 28 August 2011 This query is : Resolved
S.304A of IPC reads - "Whoever causes the death of any person by doing any rash or negligent act....."

I am not sure about what 'Negligent Act' means. In case of an accident where the person behind the wheels, fails to take the victim to hospital, does it amount to the act of 'Neglect'? and if so, what is likely to be the verdict in such cases? Considering the penalty being imprisonment up to 2 years or fine or both.

and what if the person surrenders to the police at his/her own will?

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Kiran Kumar (Expert) 28 August 2011
the primary fact will be seen is how the accident occurred....whether there was rashness or negligence on the part of driver.

there are certain judgments where the driver of the vehicle took the victim to the hospital the Courts have taken a lenient view while imposing punishment....otherwise such an act will not exonerate the offender...

to present before court or investigation agency is legal duty of every individual...by making a surrender before the police, an accused is not doing any charity towards the society.

Guest (Expert) 28 August 2011
surrendering to police will have no effect. The police has got power to release the offence on bail.

ajay sethi (Expert) 28 August 2011
i agree with mr kiran kumar

DISHA D. SHAH (Expert) 28 August 2011
agree with kiran kumar

prabhakar singh (Expert) 28 August 2011
i too agree with Mr. kiran kumar.

Raj Kumar Makkad (Expert) 28 August 2011
Well advised by Kiran Kumar

M/s. Y-not legal services (Expert) 29 August 2011
Am also agree with mr.kiran.

Guest (Expert) 29 August 2011
Perfect advice by Shri Kiran Kumar. Surrendering to police at his own by leaving behind the dying person after accident, does not absolve the driver from his moral duty to make efforts to save him by providing first aid and taking him to hospital.

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