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1 - 10 of 14 (0.33 seconds)Section 304A in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 313 in The Indian Penal Code, 1860 [Entire Act]
Section 299 in The Indian Penal Code, 1860 [Entire Act]
Section 300 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Alister Anthony Pareira vs State Of Maharashtra on 12 January, 2012
In Alister Anthony Pareira v. State of
Maharashtra, (2012) 2 SCC 648, the Apex Court, after
surveying a large number of decisions dealing with the scope of
Section 304 Part II and Section 304A of the IPC, held that the
question whether the knowledge of the accused who is causing
death of others while driving a motor vehicle would fall within
the scope of Section 304 Part II or Section 304A of the IPC is to
Crl.Appeal No.537 of 2019 12
be decided on the facts of each case. It was, however, laid
down in the said case that where rash or negligent act is
preceded with the knowledge that it is likely to cause death, the
offence punishable under Section 304 Part II of the IPC would be
attracted. Alister Anthony Pareira was a case of drunken
driving. The relevant paragraph of the said decision reads thus:
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
State Tr.P.S.Lodhi Colony,New Delhi vs Sanjeev Nanda on 3 August, 2012
"Each case obviously has to be decided on its own
facts. In a case where negligence or rashness is the cause
of death and nothing more, Section 304-A may be
attracted but where the rash or negligent act is preceded
with the knowledge that such act is likely to cause death,
Section 304 Part II IPC may be attracted and if such a rash
and negligent act is preceded by real intention on the part
of the wrongdoer to cause death, offence may be
punishable under Section 302 IPC." (Underline supplied)
The proposition aforesaid has been quoted with approval by the
Apex Court in State Tr. P.S. Lodhi Colony, New Delhi v.
Sanjeev Nanda, (2012) 8 SCC 450. The aforesaid was a case
of drunken driving without licence, and the Apex Court has held
that it was a case of offence punishable under Section 304 Part
II of the IPC. In other words, in such cases and similar, the
knowledge that could be attributed to the person driving the
Crl.Appeal No.537 of 2019 13
vehicle is certainly of a higher degree which would bring the act
within the scope of Section 304 Part II of the IPC.