Section 304A · Causing death by negligence
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1[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.]
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].
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].
The offence at a glance
- Punishment
- up to 2 years, fine (no stated ceiling)
- Cognizable
- Cognizable
- Bailable
- Bailable
- Compoundable
- Not compoundable
- Triable by
- Magistrate of the first class
- Cognizable — Police may arrest without a warrant
- Bailable — Bail is your right — it can be granted at the police station
From the First Schedule to the BNSS (the CrPC's, for IPC offences)
In the new law
IPC 304ABNS 106
106. Causing death by negligence.
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How this section has changed
The law that applies is the law as it stood on the date of the offence — which is why this timeline matters.
- 1870Inserted
By: Act 27 of 1870, sec. 12
The text in force on the date of the offence is the text that applies — a later amendment does not reach back.