Penal Code (1860), S.304-A - Criminal negligence - Ingredients - Proof of negligence.
Essential ingredients of Section 304-A are as under:-
(i) Death of a person
(ii) Death was caused by accused during any rash or negligent act.
(iii) Act does not amount to culpable homicide.
And to prove negligence under Criminal Law, the prosecution must prove:
(i) The existence of duty.
(ii) A breach of the duty causing death.
(iii) The breach of the duty must be characterized as gross negligence.
Criminal negligence is the failure to exercise duty with reasonable and proper care and employing precautions guarding against injury to the public generally or to any individual in particular.
MALAY KUMAR GANGULY VS. DR. SUKUMAR MUKHERJEE & ORS.
2009-ALL SCR-2039 (Paras 205-207)
