According to section 304A of Indian penal code:-
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.
Classification of Offence
| Offence Description | Punishment | |
|---|---|---|
| Causing death by rash or negligent act | 2 Years or Fine or Both | |
| Cognizance | Bail | Triable By |
| Cognizable | Bailable | Magistrate First Class |
304A IPC Case Laws (Supreme Court and High Courts)
| Sukaroo Kaviraj (1887) 14 Cal 566 |
| Emperor v. Omkar Rampratap 5 Bom. LR 679 |
| In Re Nidamarti Nagabhusham (1872) 7 MHCR 119 |
| Bhalchandra AIR 19678 SC 1319 |
| Istlingappa v. Emperor 17 IC (Bom) 542 |
| Shakir Khan AIR 1931 Luck 54 |
| Akbar Ali (1936) 12 Luck 336 |
| Chamman Lal 1954 Cri LJ 405 |
| Parthasarathy 1959 cri. LJ 405 |
| Hari Singh AIR 1969 Raj 86 |
| Ratnam Mudaliar AIR 1934 Mad 209 |
| P. Rajappan v. State of Kerala 1986 Cri Lj 511 |
| Jacob Mathew v. State of Punjab 2005 Cri. LJ 3710 (SC) |
| Idu Beg (1881) 3 All 776 |
| Swindall (1846) 2 C & K 230 |
| Juggan Khan AIR 1965 SC 831 |
| De Souza 1920 42 All 272 |
| Cherubin Gregory AIR 1962 SC 205 |
| Sahu AIR 1917 s 42 18 Cri LJ 1003 |
| Hari SinghAIR 1969 Raj 86 |
| Waziruzama Khan (1881) 1 AWN 156 |
| B.P. Ram v. Sate of MP 1991 Cri. LJ 473 (MP) |
| Suresh Gupta v. Government of NCT of Delhi 2004 Cri LJ 3870 (SC |
| Vasant v. State of Maharashtra AIR 1998 SC 699 |
FAQs on Section 304A of IPC
Section 304A of the Indian Penal Code deals with causing the death of any person by doing a rash or negligent act, which does not amount to culpable homicide. It addresses cases where death occurs due to the negligent or reckless behavior of the accused.
The punishment for causing death by a rash or negligent act is imprisonment of either description for a term that may extend up to two years, or a fine, or both. The court determines the appropriate punishment based on the specific circumstances of the case.
Section 304A deals with deaths caused by rash or negligent acts, which are not intentional and do not fall under the criteria of culpable homicide or murder. It is a less severe offense compared to culpable homicide or murder, which involve intent or knowledge of causing death.
Yes, causing death by a rash or negligent act is considered a cognizable offense, which means the police can arrest the accused without a warrant and initiate the investigation based on a written complaint or their own knowledge of the incident.
Read also:- IPC Section 304
