What is Section 304A IPC in Indian Kanoon?
Asked by: Avery Kilback DVM | Last update: February 1, 2026Score: 4.9/5 (3 votes)
Section 304A of the Indian Penal Code (IPC) deals with Causing Death by Negligence, penalizing anyone who causes someone's death through a rash or negligent act that doesn't amount to culpable homicide, with punishment up to two years imprisonment, a fine, or both, fitting into cases like rash driving where intent to kill isn't present but carelessness leads to death.
What is Section 304A in India?
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.]
What kind of cases fall under IPC 304A?
To fill this gap, section 304A was inserted in the Penal Code by the Indian Penal Code (Amendment) Act 27 of 1870 to cover those cases wherein a person causes the death of another by such acts as are rash or negligent but there is no intention to cause death and no knowledge that the act will cause death.
What are the key elements of IPC 304A?
Section 304A applies to deaths caused by rash or negligent acts without intent. The act must directly cause death and be the proximate cause without third party intervention.
How is IPC 304A proven in Court?
To Provod (likely meaning prove or establish) a case under Section 304A, the prosecution must demonstrate that the accused's act was rash or negligent, directly caused death, and was the immediate cause of death without being remote or incidental Arnav Choudhury VS State of West Bengal - Calcutta, D.
Indian Kanoon - IPC Section 304A death due to negligence - आईपीसी धारा 304A - LawRato
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."
What evidence is needed for a 304 IPC conviction?
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.
How does BNS change 304A IPC?
Changes between IPC 304 (A) and BNS 106. The punishment in the IPC was the same for all persons, including doctors. The punishment was imprisonment for up to two years or a fine. In the BNS, the punishment has been made more severe.
How to prove criminal medical negligence?
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Which is one of the four elements needed to prove negligence?
In a personal injury case based on negligence, a victim must establish the four elements of negligence to receive compensation for their injuries. These elements are duty of care, breach of duty, causation, and damages.
Can 304A be quashed?
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.
Can you go to jail for an accidental death?
Yes, you can go to jail for accidentally killing someone in California, but not simply because a death happened. Jail (or prison) becomes a possibility when prosecutors believe the death was caused by criminal negligence, gross negligence, or other unlawful conduct under California law.
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 ...
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.
What are 5 examples of medical negligence?
Five common examples of medical negligence include misdiagnosis/delayed diagnosis, surgical errors (like operating on the wrong site), medication mistakes (wrong drug/dose), anesthesia errors, and childbirth injuries due to errors during labor and delivery, all stemming from a healthcare provider failing to meet the standard of care, causing patient harm.
Is it hard to win a medical negligence case?
Yes, winning a medical malpractice case is generally very hard, with lower success rates than other personal injury claims because they require proving complex medical facts against experienced defense teams, often needing expert testimony and facing high hurdles like proving causation and meeting strict state laws (e.g., statutes of limitations, certificates of merit). While many cases settle, doctors often win trials, though success hinges on strong evidence and skilled legal representation.
What are the 5 steps to prove negligence?
Do you want to hold another party accountable for their negligent behavior? Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm.
Which is better, IPC or BNS?
The IPC had 511 sections, many of which were overlapping or obsolete. The BNS consolidates and rationalizes these into 358 clauses, eliminating redundancy and streamlining the law for greater clarity and efficiency.
What is the difference between 304A and 106 BNS?
BNS 106 modernizes the older Section 304A IPC, introducing stricter punishment, especially in cases involving medical professionals and rash driving incidents. It reflects the state's effort to ensure accountability without requiring criminal intent.
What is the difference between IPC 304 and 304A?
Sec. 304-A does not create a new offence; it is directed against the offences outside the range of Secs. 299 and 300 and covers those cases where death has been caused without intention or knowledge (Sec. 304 covers cases requiring intention or knowledge).
What proof is needed to convict?
To secure a criminal conviction, the prosecutor must prove beyond a reasonable doubt that the accused is guilty of criminal charges. In a criminal case, direct evidence is a powerful way for a defendant to be proven guilty beyond a reasonable doubt.
What are the essential ingredients of Section 304A IPC?
The essential ingredients of Section 304A of IPC are that (1) There must be the death of a person; (2) The death must be caused by the act of the accused; (3) The death must be caused due to any rash or negligent act of the accused; and (4) the act of the accused must not amount to culpable homicide.
Is 304A now in BNS?
While under Section 304A of the Indian Penal Code, 1860—analogous to Section 106, BNS—the court had the discretion to impose only a fine instead of imprisonment, this is not the case under BNS.