Sunday, May 26, 2024

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๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

IPCMODEL ANSWER

DEATH DUE TO RASH OR NEGLIGENT ACT

Explain in detail the concept of death by rash or negligent act given under Indian Penal Code, 1860.
It cannot be denied by anyone that every person has a natural right of right to live a dignified life.

Moreover, this right has been given under article 21 of the Indian Constitution as a fundamental right and according to this article, each and every person is free to live his life in a dignified manner and no other person can interfere in this right. But if any other person breached this right of another person by any of his acts, then in such a case, that former person will be held liable under Indian Penal Code, 1860.

Indian Penal Code, 1860, tries to create deterrent effect in the society by prescribing the punishment and tries to stop such kind of persons who are more prone to the crimes. Section 299 and section 300 of Indian Penal Code, 1860, deals with the provisions of culpable homicide and mention that if any person terminates the life of another person by any of his acts, then in such a situation, he will be punished under section 304 and 302 of the Indian Penal Code, 1860, respectively.

When the Indian Penal Code, 1860, was enacted by the legislature, all the sections i.e., section 299, 300, 302 and 304 were part of this Code. But one more section that also deals with the provisions of Culpable Homicide i.e., section 304A was not initially added into Indian Penal Code, 1860. But this section was added into the Indian Penal Code, 1860, in the year 1870.

  

Section 304-A of Indian Penal Code, 1860, does not make any new offence rather it covers those offences which falls outside the purview of section 299 and 300 of Indian Penal Code, 1860.

Under section 299 and 300 of Indian Penal Code, 1860, to held an accused liable for committing culpable homicide, the prosecution has to prove the intention of knowledge of the accused. But under section 304A of Indian Penal Code, 1860, to held an accused liable for committing culpable homicide, the prosecution has no need to prove intention or knowledge of the accused but what he needs to prove is rash or negligent act of the accused that result in the death of the deceased.

According to section 304 A of Indian Penal Code, 1860, if any person terminates the life of another person by committing any rash or negligent act, then in such a situation, he will be held liable under this section and he will be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.

Now, the main question which arises here is, โ€œwhat does term rash and negligent mean?โ€

The general dictionary meaning of term โ€˜rashโ€™ is โ€˜acting or done without careful consideration of the possible consequencesโ€™ and the general dictionary meaning of term โ€˜negligentโ€™ is โ€˜failing to take proper care over somethingโ€™.

  

So, it means that if any person terminates the life of another person by committing any act which has been committed by him restlessly and in such a manner that he does not consider the possible consequences of that act, then in such a situation, it can be said that he has caused the death of another person by committing rash act.

On the other hand, if any person terminates the life of another person by committing any act which has been committed by him which taking proper care and caution, then in such a case, it can be said that he has caused the death of another person by committing a negligent act.

In the leading case of Cherubin Gregory vs. State of Bihar (SC 1963), the Honโ€™ble court stated the difference between the rash and negligent act. In the case, the Honโ€™ble court said that if any act has been committed by a person restlessly and without thinking about the possible consequences, that act will be considered a rash act whereas if a person has a particular duty but he breaches that duty by committing an act without taking proper care and caution, that act will be considered as negligent act.

  

According to the provisions of Indian Penal Code, 1860, the principle of โ€˜Causa Causansโ€™ is applicable upon section 304 A of Indian Penal Code, 1860. This principle talks about the immediate cause of the act. According to this principle, an accused can be held liable under section 304A of Indian Penal Code, 1860, only if the death has been caused by the act of the accused. If there is no relation between the rash or negligent act of the accused and the death of the deceased, then in such a situation, the accused will not be held liable under section 304A of Indian Penal Code, 1860.

In the leading case of Ambalal D. Bhatt vs. State of Gujarat (SC 1972), the Supreme held that a person can be held liable under section 304 A of Indian Penal Code, 1860, only if the principle of โ€˜causa causansโ€™ is fulfilled.

According to section 304 A of Indian Penal Code, 1860, to held an accused liable, it is necessary to prove rash or negligent act. The elements of intention and knowledge are missing under this section. The main reason behind this is that if the accused terminates the life of another person by committing any of the acts with the intention or knowledge, then in such a case, he will be held liable under section 299 or 300 of Indian Penal Code, 1860 and not under section 304A of Indian Penal Code, 1860.

  

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