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CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY · Of offences affecting life

Section 304A: Causing death by negligence

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

1[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 (as printed in the official text)

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, s. 2]

Footnotes in the official text

  1. 1.Ins. by Act 27 of 1870, s. 12.

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

304A. Causing death by negligence.BNS 106

Leading cases

Questions on this section

5 questions in 15 of our papers cite Section 304A. Try these from the free papers:

  1. 1. In Jacob Mathew v. State of Punjab (2005), the Supreme Court dealt with criminal prosecution of doctors under Section 304A of the Indian Penal Code (now Section 106(1) BNS). Which of the following is part of its holding?

  2. 2. Match List I (provisions of the BNS) with List II (corresponding provisions of the IPC): List I A. Section 103 BNS B. Section 106(1) BNS C. Section 190 BNS D. Section 196 BNS List II 1. Section 304A IPC 2. Section 302 IPC 3. Section 153A IPC 4. Section 149 IPC

  3. 3. How does Section 106(1) BNS differ from Section 304A IPC in punishing a person (other than a registered medical practitioner performing a medical procedure) who causes death by a rash or negligent act not amounting to culpable homicide?

Practise questions on Criminal Law