Criminal Law Videos - Death due to negligence

This section punishes causing death by a rash or negligent act. It says that whoever causes the death of any person by doing either any rash act or any negligent act, and such rash or negligent act does not amount to either culpable homicide amounting to murder or culpable homicide not amounting to murder, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both.

In the Draft Penal Code a provision dealing with such a matter did exist but somehow the same could not find a place in the Indian Penal Code at the time of its enactment. This section was added in the Code by Act XXVII of 1870. A similar crime under English criminal law is known as manslaughter by negligence. Three other sections in the Indian Penal Code, that is to say, sections 336, 337 and 338 also deal with rash or negligent acts but these are with respect to endangering life or personal safety of others, causing hurt in such matters and causing grievous hurt in such matters respectively.

The burden of proof in a case under this section is as usual on the prosecution. Merely because a death has resulted by an accident does not mean that a presumption against the accused must be drawn and he must be asked to explain as to why should he not be held guilty of the same. For instance, the accused cannot be held guilty under this section only on this evidence that his vehicle has left the road and has caused an accident. The prosecution is duty bound to establish death by rashness or negligence on his part.

The principle of contributory negligence, prevalent in the law of tort, is not applicable under criminal law and, therefore, the argument on the part of the accused under this section that the deceased was partly negligent in contributing towards his own death has no substance.

The principle of res ipsa loquitur, in vogue in the law of tort, is not applicable in criminal law. Consequently, the original burden on the prosecution to prove the case against the accused beyond reasonable doubt continues to remain fastened on it. However, it can be used as an aid to assess evidence.

The offence under section 304-A of the Code is cognizable, bailable and non- compoundable, and is triable by magistrate of the first class.