Section 304A in The Indian Penal Code, 1860
304A. Causing death by negligence.—
Whoever causes the death of any person by doing any rash
offences punishable under Section 279 IPC and 304A IPC . By a separate order dated 17.9.2005, the learned Metropolitan Magistrate sentenced ... simple imprisonment for 15 days. Insofar as the offence under Section 304A IPC was concerned, the learned Metropolitan Magistrate sentenced the petitioner
with fine of Rs. 5
lakhs for the offence under Section 304A IPC and in
default further suffer simple imprisonment of one month ... IPC was framed
against the appellant as he was charged only under
Section 304 Part II IPC and Section 338 IPC
would be only his rash and
negligent act, attracting Section 304A of IPC only. Even though it
is difficult to come ... parties converted the conviction
from Section 304(II) to Section 304A of the IPC and reduced the sentence to
two years. The accused
true, it is an
act of negligence covered by Section 304A , IPC.
10
16. The learned counsel for the
complainant, on the other ... likely to
cause death (Part II).
27. Section 304A was inserted by the
Indian Penal Code (Amendment) Act, 1870 (Act
XXVII of 1870) and reads
sustainability of the conviction of appellant
No. 1 under s. 304A IPC. If appellant No. 1 was rightly
convicted under that provision ... Omkar Rampratap (1) :
"To impose criminal liability under S. 304A ,
Indian Penal Code, it is necessary that the
death should have been the direct
Secondly, there is a clear-cut distinction between Sections 304 and 304A IPC. Section 304 IPC deals with punishment for culpable ... IPC. Thus, it is clearly covered by Section 304A IPC and not by Section 304 IPC.
On the other
omissions cannot be directly attributed to
him.
Secondly, offences under the Indian Penal Code do not involve vicarious
liability, unlike special statutes like the Negotiable ... Indian Penal Code .
In order to appreciate such contention, an analysis of the ingredients of the
offences under Sections 304 and 304A of
Sessions Court, charges were
framed under Sections 304 , 280 and 304A IPC also, to which the
accused pleaded not guilty.
5. In order ... arises as to whether the accused can be
convicted under Section 304A IPC. It is true as held in Vijayan v.
State
team reported the
commission of an offence under Sections 288 / 337 / 304A IPC. The deceased
Badri Prasad is survived by respondent ... 304A ; and Manjeet Vs. State (NCT of Delhi ), 2016 (1) JCC 574-which
was a case under Section 279 , 337 and 304A IPC