‘Negligence’ And ‘Rash’ As Criminal Categories And Its Juristic Interpretation (S. 304-A)

Mettupalli Lakshmi Naina Reddy, OP Jindal Global University

Background:

Section 304-A of Indian Penal Code defines- Causing death by negligence and states the punishment for it, 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 particular section was later added through the 1870 Indian Penal Code Amendment act2 to the Indian Penal Code (IPC) 1860 as there was no provision that defined or even considered actions that resulted in the death of persons via a negligent or rash act. This section did not create any new offense, it just defined and stated punishment for offenses which fell out of the ambit of section 2993 and section 3004 of the IPC. In this particular offense there is neither intention nor knowledge to cause death. Empress v. Idu Beg5 - One of the earliest cases dealing with Section 304A. The court distinguished rashness and negligence, noting that rashness implies hastily doing an act without due consideration, while negligence implies omitting to do something that a reasonable and prudent person would do. The following conditions must be met in order for Section 304A of the Indian Penal Code (IPC) to arise:

• The individual in question must have died.

• That death must have been caused by the accused.

• The accused must be found guilty of rash or negligent acts that resulted in the death, that does not amount to culpable homicide.