What is the punishment for accidentally killing someone in india

353 votes

The act of accidentally killing someone can be dealt with under either of the following ways depending on various factors such as the circumstances of the case, the guilty mind of the offender or lack of it, and the severity of the crime: -

1. If the killing is deemed unintentional but is accompanied by guilty knowledge on part of the perpetrator that by such an act he is likely to cause the death of another, it may be considered culpable homicide not amounting to murder under Section 304 of the Indian Penal Code (IPC). The punishment for culpable homicide not amounting to murder can range from imprisonment for up to 10 years and/or a fine, to life imprisonment.

2. If the death has occurred due to the negligent act of the accused i.e., the accused had failed to take reasonable precautions or may have acted recklessly, resulting in the death of another person in such a way that the act is neither intentional nor does it amount to culpable homicide, then the offender is punishable under Section 304A, Indian Penal Code, 1860. 
   For example, if a person drives a car recklessly and causes an accident resulting in the death of another person, and it is determined that the act was not intentional but due to negligence, the person may be charged with causing death by negligence under Section 304A of the IPC. The punishment for this offence can be imprisonment of up to two years, a fine, or both.

3. If a person commits an act accidentally while doing a lawful act, and if he had taken all reasonable precautions and acted with due care and caution, then he will not be held liable for the act, owing to Section 80, Indian Penal Code 1860. It is important to note that this defence is not available if the person was negligent or reckless in the performance of the lawful act, and it resulted in harm to another person.

It is important to note that the punishment can vary depending on the specific circumstances of each case, and the court will consider various factors such as the offender's intent, past criminal record, and the impact of the crime on the victim's family while deciding the sentence.

LawRato LawRato

860 votes

Dear sir

To advise you appropriately full facts of the case are required.

However, under the law, accidental death can be classified into THREE categories

(i) Accident of such a nature which attracts Culpable Homicide Amounting to Murder
PUNISHMENT : LIFE OR DEATH SENTENCE

(2) Accident of such a nature which attracts Culpable Homicide not Amounting to Murder
PUNISHMENT : LIFE SENTENCE OR UP TO 10 YEARS - DEPENDS ON FACTS

(3) Death due to Negligence Not amount to Culpable Homicide
PUNISHMENT : TWO YEARS

Should you have any questions, then feel free to contact

Vivek N Mapara

Advocate Vivek Mapara LawRato

892 votes

How could you say that culpable homicide by negligence, it's on court to to decide this question.

If in your FIR and Charge sheet mention that offence committed is following under section 304 A of Indian Penal Code. " Whoever cause the death of any person by doing any rash and negligent act not amounting to culpable homicide, shall be punished with improsonment of either description for term which may extend to two years, or with fine, or with both.

LawRato LawRato

190 votes

In India, the punishment for accidentally killing someone, especially in a car accident, is covered under Section 304A of the Indian Penal Code (IPC). This section deals with "causing death by negligence." It states that whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment for a term which may extend to two years or with a fine or both.

The key aspect here is that the act should be negligent but not amounting to culpable homicide. Culpable homicide involves a higher degree of intention or recklessness.

So, if a person accidentally kills someone in a car accident due to negligence but without a clear intention to kill, they may face imprisonment for up to two years, a fine, or both, as per Section 304A of the IPC.
It's important to note that legal consequences can vary based on the circumstances of the accident, and the court will consider factors like negligence, recklessness, and the specific situation when determining the punishment.

Advocate Chikirsha Mohanty LawRato

209 votes

Causing death through negligence.--Whoever causes death to any person, by any reckless or negligent act that does not amount to culpable murder, will be punished by imprisonment for up to two years or by fine or both.

Advocate Chikirsha Mohanty LawRato