Section 304A Indian Penal Code

Section 304A of the Indian Penal Code 1860 is about Causing death by negligence. It is under CHAPTER XVI (OF OFFENCESAFFECTINGTHE HUMAN BODY) of the Code.

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.]

STATE AMENDMENTS

Himachal Pradesh.–

After Section 304 A of the Indian Penal Code, 1860, in its application to the State of Himachal Pradesh, the following section shall be added, namely: —

“304-AA. Causing death or injury by driving a public service vehicle while in a state of intoxication.–Whoever, while in a state of intoxication, drives or attempts to drive a public service vehicle and causes the death of any person not amounting to culpable homicide, or causes any bodily injury likely to cause death, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, as if the act by which death or bodily injury is caused, is done with the knowledge that he is likely by such act to cause death or cause such bodily injury as is likely to cause death.

Explanation. –“Public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage and stage carriage”.

[Vide Himachal Pradesh Act 19 of 1997, sec. 2].

In Section 304-AA of the Indian Penal Code, 1860, in its application to the State of Himachal Pradesh, —

(a) for the words “a public service vehicle” where ever these occur, the words “any vehicle” shall be substituted; and

(b) the Explanation shall be omitted.

[Vide Himachal Pradesh Act 7 of 2012, sec. 2].