Section 287 in The Indian Penal Code, 1860
287. Negligent conduct with respect to machinery.—
Whoever does, with any machinery, any act so rashly
facie offences made out under
Section 279 , 304-A , 338 , 337 Indian Penal Code, 1860 ( IPC )
read with Section ... Jenkins that: "To impose criminal liability under
Section 304-A , Indian Penal Code, it is necessary that the death
should have been the direct
offence under Sections 287 , 337 and 338 of
the Indian Penal Code as against the petitioners, and all further
proceedings subsequent thereto in the said ... committed an offence punishable under
Sections 287 , 337 and 338 of Indian Penal Code by
omitting to perform their duty, if any.
Sections
CrPC was supplied to the accused.
2. The notice was framed against the accused for offence punishable
under Section 287 / 338 IPC ... Goyal PS Narela
11/19
"An offence under Section 304A Indian Penal Code
may be committed either by doing a rash
cover the same area as is earmarked by the Indian Penal Code .
An offence under section 304-A IPC and offence under Factory ... Factories Act being a special law shall
prevail over provisions of Indian Penal Code which is a General
Law.
This issue was also raised before
case was registered under Sections 287 and 338 of the
Indian Penal Code, which pertain respectively to act or
omitted to take sufficient guard ... negligent", have not
been defined in the Indian Penal Code . However as per
Black's Law Dictionary, Eighth Edition the word 'Negligent
consequences." (Page no. 321
Ratan Lal & Dhiraj Lal, The Indian Penal Code
28th Edition Reprint 2002). Further, a negligent
act "involves blameworthy ... avoid". (Page no. 322 Ratan Lal & Dhiraj Lal,
The Indian Penal Code 28th Edition Reprint 2002).
Either of these ingredients have
alleged commission of
offences punishable U/s 287/304A of The Indian Penal Code , 1860 (shall
be referred to as IPC hereinafter).
PROSECUTION ... submitted that no
offence under Section 287 of the Indian Penal Code can be said to be made
out against the Accused.
9. Before proceeding
offences
punishable under Section 287 read with Section 338 of the Indian
Penal Code, 1860 (hereinafter referred to as ' ... police report under Section
173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as
' Cr.P.C .') was filed
pronounced on : 28.07.2012
ORDER
1. This criminal revision petition under section 397 Cr.P.C filed by
the petitioner takes exception to the order dated ... permission under section
155 (2) of the Cr.P.C., per contra added section 304 A IPC alongside section
287 IPC