Can 304 IPC be quashed?
Asked by: Delbert Hermann | Last update: February 20, 2026Score: 4.3/5 (29 votes)
Yes, charges under Section 304 of the Indian Penal Code (IPC) can potentially be quashed, but it depends heavily on the specifics of the case, as courts distinguish between Section 304 (culpable homicide not amounting to murder, requiring intention/knowledge) and Section 304A (causing death by negligence), with many High Courts generally refusing to quash Section 304A cases based on mere compromise due to their public nature, while Section 304 cases, often involving professional negligence (like doctors), have seen Supreme Court quashing when intention isn't proven, highlighting that quashing depends on proving lack of criminal intent, not just family settlement.
Is 304-a quashing compromise?
The High Court held that an FIR under Section 304-A IPC cannot be quashed based on any compromise between the accused and the surviving family members of the deceased, emphasising that the deceased is the real victim and no settlement can override the gravity of the offence.
What evidence is needed for IPC 304?
To establish an offense under IPC Section 304, the following must be proved: There was an act that caused the death of a person. The accused had knowledge that their act was likely to cause death. The accused did not have an intention to cause death.
Is Section 304 IPC compoundable?
Offence punishable under Section 304-A IPC cannot be termed to be an offence private in nature. It is a serious offence which impacts the fabric of society. The offence in question is non-compoundable.
Which cases can be quashed?
It was observed by the Supreme Court that “certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, ...
Can an FIR u/s 304A IPC Be Quashed? | Causing Death by Negligence Explained
What is the difference between dismissed and quashed?
A motion to quash is most commonly filed at the beginning of a trial, or an appeal as a pretrial motion. It may be considered as somewhat similar to a motion to dismiss. However, a motion to quash asks the court to nullify a previous court ruling, whereas a motion to dismiss requests the same of a current filing.
What is the most popular reason that cases get dismissed?
The most common reasons cases get dismissed involve insufficient evidence for the prosecution to prove guilt beyond a reasonable doubt, and violations of the defendant's constitutional rights (like illegal searches or seizures), making key evidence inadmissible, alongside issues like witness unavailability, procedural errors, or prosecutorial discretion where charges are dropped due to lack of interest or resources, especially in criminal matters. In civil cases, settlements often lead to dismissal before trial.
What exactly does IPC 304 cover?
Section 304 of the IPC relates to culpable homicide not amounting to murder. These are offences where there has been death but there was no clear intent to murder, or there were mitigating circumstances such as provocation.
Is Section 304 still relevant today?
But unfortunately for the IRS, the use of section 304 these days seems largely confined to corporate taxpayers actively seeking to come within section 304 in order to achieve dividends received deduction or foreign tax credit results that would not otherwise be available -- that is, situations where the facts are such ...
What is the punishment for 304 a IPC?
India Code: Section Details. [304A. 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.]
How does section 304 work?
IRC §304 is an anti-abuse provision aimed at transactions involving related corporations. It governs one corporation's transfer of cash or other property to a shareholder to acquire another corporation's stock when the same shareholder controls both corporations.
Is there a minimum sentence for section 304 IPC?
Supreme Court has held that for conviction under Section 304(A) and Section 338 of the Indian Penal Code, 1860 , there is no minimum sentence prescribed but the term of sentence may extend to 2 years. The sentence can also be limited to fine without any term of imprisonment.
How does self-defense relate to Section 304 IPC?
It delineates the boundaries of lawful self-defense, making it clear that any act of defense must be proportionate to the threat faced. Excessive use of force, resulting in unnecessary harm or death, will not be shielded under the guise of self-defense and will attract liability under Section 304 Part I IPC.
What is the process of quashing?
FIR Quashing is a legal remedy where the High Court of Karnataka declares an FIR null and void. It is typically used when a case is false, malicious, or purely civil in nature. The process involves filing a Criminal Petition under Section 482 CrPC (now Section 528 BNSS).
How to prove rash and negligent driving?
The Supreme Court , in a matter arising out of a motor accidents claim, held that proof of an accident is to be determined on the preponderance of probabilities, and an First Information Report (FIR) registered against the driver of the offending vehicle can be relied upon to find that the accident was caused by the ...
What is the new section of IPC 304?
Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing ...
What evidence is needed for 304 a IPC?
To successfully prove an offense under Section 304A IPC, the prosecution must establish: - The death of a person resulted from the accused''s rash or negligent act. - Clear evidence demonstrating the nature of the accused''s driving behavior. - Consistency in witness testimonies to support the claim of negligence.
What is the Supreme court Judgement on 304A IPC?
304A. 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."
Is 304a now in BNS?
Section 304-A/S.
There is distinction between Sec. 304, IPC and Section 105 BNS (Culpable homicide not amounting to murder) and Section 106, BNS/ Sec. 304-A, IPC (Causing death by negligence).
What is the difference between IPC 304 and 302?
Intent and Knowledge: The key to distinguishing between Section 302 and Section 304 lies in the intent and knowledge of the accused. While Section 302 requires proof of an intention to cause death, Section 304 considers cases where death is caused without the intention to kill but due to rash or negligent acts.
What is 304 killing on provocation?
(1) When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation, and before there is time for the person's passion to cool, the person is guilty of manslaughter ...
What is the hardest criminal case to beat?
There's no single "hardest" case, but generally, homicide (especially first-degree), crimes against vulnerable victims (children, elderly), and sex crimes are incredibly tough due to high emotions, severe penalties, complex evidence, and potential jury bias, making them difficult to defend or prosecute effectively. Other challenging cases involve intricate white-collar crimes with complex financial evidence or highly sensitive matters like treason, which has a very high bar for proof.
Who pays court costs if a case is dismissed?
Generally when a case is dismissed cost to Defendant it is pursuant to some agreement between the Defendant and the prosecutor and the Defendant would sign off agreeing to the court costs. If the prosecution unilaterally dismissed, the costs should be assessed to the State.
What are 5 fair reasons for dismissal?
The five fair reasons for dismissal under UK employment law are Conduct, Capability/Qualifications, Redundancy, Breach of a Statutory Duty/Restriction, and Some Other Substantial Reason (SOSR), each requiring a fair process, like investigation, warnings, and consultation, to avoid unfair dismissal claims. These reasons cover employee behavior, inability to do the job (skill/health), role elimination, legal constraints, and other significant business needs.