Indian Penal Code 1860
Section 304A :
1.[Causing death by negligence:
(See section 106 of BNS 2023)
Classification of Offence:
Offence: Causing death by rash or negligent act.
Punishment : Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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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].
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1. Ins. by Act 27 of 1870, s. 12.
