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SECTION 304A IPC - Indian Penal Code - Causing death by negligence
Last Updated: 01 Dec, 2024
By Advocate Chikirsha Mohanty
(IPC section is included as subsection in BNS. Imprisonment is increased and offence by registered medical practitioner and its explanation are added.)
Please refer to BNS 106 for updated procedures & punishments.
Section 304A IPC deals with death by criminal negligence. LawRato connects you with skilled attorneys for effective legal representation in Section 304A cases.
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.
304A. Causing death by negligence.—
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.
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IPC 304A in Simple Words
Section 304A of the Indian Penal Code (IPC) deals with causing death by negligence or a rash act. This means if someone causes another person’s death due to a negligent or rash act (which doesn’t amount to culpable homicide), they can be charged under this section. The focus is on negligence that leads to someone’s death. The maximum punishment for this offence is imprisonment for up to two years, a fine, or both.
Being implicated in a Section 304A case can be serious due to potential imprisonment or fines. If it is the other way around, you will need robust legal counsel to file negligence as well. In both scenarios, seeking an experienced criminal lawyer is essential.
LawRato connects you with top-rated lawyers across the country. If you want any of your doubts cleared about Section 304A of the Indian Penal Code (IPC) or any topics, you can easily do so with LawRato’s ‘Ask a Free Legal Question’ or ‘Free Legal Advice’ feature.
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Causing death by rash or negligent act | 2 Years or Fine or Both | Cognizable | Bailable | Magistrate First Class |
Offence : Causing death by rash or negligent act
Punishment : 2 Years or Fine or Both
Cognizance : Cognizable
Bail : Bailable
Triable : Magistrate First Class
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Comments by Users
Abhinash
If many people involved in IPC 304A murder
Case. Then what will be results
Reply by LawRato
The multiple persons accused in a case under Section 304A can be proceeded against by way of Section 34 of the IPC, as per which, for acts done by several persons in furtherance of a common intention, each of such persons is liable for that act in the same manner as if it were done by him alone. Thus, each person will be accused of causing death by negligence.
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Popular IPC Sections
Frequently Asked Questions
Is Section 304A bailable?
304-A, I.P.C. The police will devote more time to their investigation. It is an offence that can be bailed and no court has the power to refuse bail. This is the whole problem and allows the police to do anything they want.
What are the cases for Section 304-A IPC?
Abdul Subhan vs. State (Nct Of Delhi), 27 September 2006. ... Mahadev Prasad kaushik vs State Of U.P. & Anr, 17 October 2008. ... Suleman Rehiman Mulani & Anr vs State Of Maharashtra on 1 December, 1967. ... Alister Anthony Pareira vs State Of Maharashtra on 12 January, 2012. ... State Tr.P.S.Lodhi Colony...
