Legal Provisions of Section 304 of Indian Penal Code, 1860. Section 304A of the Indian Penal Code, 1860 states that: ‘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.” Section 304-A was not part of the Indian Penal Code [IPC] as it was enacted in 1860. It makes a distinction between cases of culpable homicide punishable on the basis of intention and those on the basis of knowledge. 5. But, interestingly, the original 1838 Draft of … However, there is no doubt that if death by rashness or negligence is proved, section 304-A of the Indian Penal Code is attracted. The accused person’s IPC Chapter XVI; S. 304 A Causing death by negligence: Description; 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. Section 304A IPC: Most Asked Questions by People Is IPC section 304A bailable? S. 304-A deals with homicide by negligence. The defense plea was of total denial. The original Indian Penal Code 1860 have no provision of section 304-A (causing death of any person by doing any rash or negligent act not amounting to culpable homicide). The defense side has not, examined any witness. 3. This provision is directed at offences outside the range of Sections 299 and 300 IPC. 279/304(A) of the IPC on being read over and explained to the accused, the accused pleaded not guilty and claimed to be tried. Section 304-A was inserted in the Code in 1870 by the Indian Penal Code (Amendment) Act, 1870. 4. It was included by an amendment passed in 1870. Section 304-A IPC applies to cases where there is no intention to cause death and no knowledge that the act done, in all probabilities, will cause death. The section 304-A was inserted in the code in 1870 by Indian Code (Amendment) Act, 1870. The prosecution side has examined altogether, nine witnesses, including the Informant and the I.O. Introduction. Mangalore, Aug 25 : Charles Dickens Novel “Oliver Twist” is an unromantic portrayal of criminals and their sordid lives and in this novel he says that famous quotable quote “law is an ass, an idiot”. In English Law it is known as manslaughter by negligence. Punishment for culpable homicide not amounting to murder: This section prescribes punishment for culpable homicide not amounting to murder. This section did not create a new offence but was directed towards the offences which fall outside the range of section 299 and 300 of the Indian Penal Code, 1860 (herein after referred as I.P.C.) In case of minor commits accident under purview of section 304-A of IPC, the parents of minor/ R.C owners should not be excused and parents/R C owners must be made vicariously liable to pay the compensation to the victims. Is IPC section 304-A, a License to Kill? The quote has much relevance to Indian Penal Code Section 304-A which was inserted in the Code in 1870 by the Indian Penal Code (Amendment) Act, 1870. Yes, Crime under Section 304 is Bailable, but If an accused, not under the influence of alcohol or illicit drugs, causes someone's death in an accident, police can apply IPC section 304-A (causing death by Negligence), which is a bailable offence. 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