This article has been written by Ms. Priyanka VK Nair a 2rd year LLB Student of Amity University Mumbai.
Death by negligence, also
known as involuntary manslaughter, is a criminal offense that occurs when someone causes the death of another person through their negligence or carelessness, without intending to kill them.
Negligence refers to a failure to exercise reasonable care or to take necessary precautions to prevent harm. For example, if someone is driving under the influence of alcohol and causes an accident that results in the death of another person, they may be charged with death by negligence.
In order to be charged with death by negligence, there must be evidence that the defendant had a duty of care towards the victim, and that they breached that duty through their actions or inaction. This breach must have directly caused the death of the victim.
In many jurisdictions, death by negligence is considered a less serious offense than murder or intentional homicide. However, it is still a criminal offense and can result in significant penalties, including imprisonment and fines.
The original Indian penal code didn’t contain the section 304(a) it was added to the IPC as an amendment. This section deals with death by negligence.
Section 304(a)-
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.
This means that if a person causes the death of another person due to their negligence, but without any intention of causing harm, they may be charged under Section 304A of the IPC. The penalty for such an offense is imprisonment for a term of up to two years, or a fine, or both.
The section provides for punishment for causing death by negligence, which means that the person responsible for the death did not intend to cause the death, but it occurred due to their negligent or rash act. The act that causes the death must not amount to culpable homicide, which means that the person did not have the intention to cause death, but their act was so reckless and negligent that it resulted in the death of another person.
This section is applicable to cases of death caused by accidents, such as road accidents or accidents in the workplace, where the person responsible for the accident was negligent or reckless in their actions. The punishment under this section is less severe than that under section 304 (culpable homicide not amounting to murder), which provides for punishment for causing death with the intention of causing death or with knowledge that their act is likely to cause death.
It’s important to note that the Indian legal system recognizes different degrees of negligence, ranging from ordinary negligence to gross negligence. The severity of the offense and the corresponding penalty will depend on the degree of negligence involved.
Death by negligence is a bailable offence. The defendant can be released in bail after paying the surety amount. This offence is also compoundable i.e., both the parties in such cases can avoid the trail by reaching a agreement by their counsel.
Section 304(a) doesn’t actually create any new offence it just covers offence which falls outside section 299 and section 304(a) is based on intention or knowledge of the offender.
The term negligence is defined as an act or omission that causes damage to the property of another person. But in IPC it can be said as an act that cause the death of person immediately.
Essentials of rash and negligent act
To constitute a rash and negligent act under Section 304A of the Indian Penal Code, the following essentials must be satisfied:
- The accused must have done an act which caused the death of a person.
- The act must have been done with rashness or negligence.
- The act must not amount to culpable homicide.
- The act must not have been done with the intention of causing death.
- The act must be the proximate cause of death, meaning that it must have directly caused the death of the person.
- The act must have been an illegal act, meaning that it must have been done in contravention of a law or without taking necessary precautions.
It is important to note that the degree of negligence required under Section 304A is higher than that required for civil liability. The conduct of the accused must be so reckless and negligent that it shows a disregard for human life or safety. The negligence must be gross and of such a degree as to indicate a callous indifference to the consequences of the act.
Types of negligent act
There are mainly three types of negligent act that are common
- Medical negligence
- Motor vehicle accidents
- Corporate negligence
Medical Negligence
medical negligence is an breach of duty on the party of a medical professional that causes the death of his patient. He is legally bound to take care of his patient. The medical practioner will be held liable if he doesn’t follow ‘ the standard treatment’ recommended to take care of his patient. A medical professional includes both doctor and nurses. Medical negligence can be both civil or criminal depending on the grievousness of the case. Example prescribing expired medicine or using wrong equipment or giving wrong treatment.
Motor Vehicle Accident
Merely causing a motor vehicle accident that causes death of a person is not enough to apply the section 304(a). the person can be held liable only if the accident is caused due to the negligence and rashness on the part of the driver. It depends on the court to decide the level of rashness that led to accident. They must also determine the amount of damage caused by such a accident.
Corporate Negligence
Any company may be held liable under section 304(A) if any act of the company cause death or injury to any of its consumer, employee. Corporate negligence refers to the failure of a company or organization to fulfill its duty of care towards its employees, customers, shareholders, and the general public. It can result in harm to individuals, communities, and the environment.
Examples of corporate negligence include:
Environmental Negligence: Companies that fail to comply with environmental regulations and engage in activities that cause environmental damage such as pollution, deforestation, and hazardous waste disposal.
Product Liability Negligence: Companies that produce and sell products that are defective, unsafe, or pose health hazards to consumers and cause death.
Workplace Negligence: Companies that fail to provide a safe working environment for their employees, resulting in work-related injuries, illnesses, or deaths.
There have been several landmark cases on death by negligence in India. Here are some of the notable ones:
Bhopal Gas Tragedy: In 1984, a gas leak occurred at a Union Carbide pesticide plant in Bhopal, India, resulting in the death of thousands of people. Union Carbide was charged with causing death by negligence.
Uphaar Cinema Fire: In 1997, a fire broke out at the Uphaar Cinema in Delhi, resulting in the death of 59 people. The owners of the cinema were charged with causing death by negligence.
Laxmanananda Saraswati Murder Case: In 2008, Swami Laxmanananda Saraswati, a Hindu religious leader, was murdered in Odisha. Maoist rebels were charged with causing death by negligence.
Mumbai Bridge Collapse: In 2019, a footbridge collapsed near the Chhatrapati Shivaji Maharaj Terminus in Mumbai, resulting in the death of six people. The contractor who built the bridge was charged with causing death by negligence.
AMRI Hospital Fire: In 2011, a fire broke out at the AMRI Hospital in Kolkata, resulting in the death of 89 people. The owners of the hospital were charged with causing death by negligence.
These cases have highlighted the need for stricter safety regulations and accountability for negligence resulting in loss of life.
Reference
-
- Section 304(a) https://indiankanoon.org/doc/1371604/
- Bhopal Gas Tragedy 1990 AIR 273, 1989 SCC (2) 540
- Laxmanananda Saraswati Murder Case
- Mumbai Bridge Collapse: https://en.wikipedia.org/wiki/2019_Mumbai_foot_overbridge_collapse#:~:text=The%20structural%20audit%20and%20minor,were%20audited%20for%20the%20safety.
- AMRI Hospital Fire
- Uphaar Cinema Fire 2003 (68) DRJ 128
- https://www.lawtendo.com/indian-kanoon/ipc/section-304a
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