Conversion of Section 304A IPC to 304 Accident Cases

This post is a news snippet where Conversion of Section 304A IPC to Section 304 Accident Cases is sought by Chandigarh Police as legal opinion as the former section gives less punishment than latter which is considered to be a more serious offence. Section 304 A is a bailable offence whereas Section 304 is a non bailable. So more problems will come for the accused in case the sections get converted.

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Let’s have the news story.

Skoda hits 3 carts, vendor killed: Police seek legal view on converting Section 304A into Section 304 of IPC

The Chandigarh Police on Saturday sought legal opinion from its legal wing for converting Section 304A of the IPC (death due to negligent driving) into Section 304 of the IPC (culpable homicide not amounting to murder) against the unknown driver of white Skoda, which is registered in the name of businessman Satish Talwar in Sector 15.

Section 304-A of the IPC simply consists of the imprisonment of either description for a term which may extend to two years, or with fine, or both. Contrary to it, Section 304 of the IPC contains imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.

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FACTS

The driver of white Skoda hit three carts, killed one vegetable seller on the spot, injured two others and escaped near Kalagram light point around 5.30 am on January 3. Victim Satguru Parsad was killed on the spot. Another victim, Ram Bhawan, is admitted to PGI in critical condition. Doctors performed a surgery of his head last night but he is still in comma. He is breathing through ambu bag.

Injured Ram Saran, who survived the road accident and suffered injuries to his hands, recorded his statement under Section 164 of the CrPC before a duty magistrate at district courts, Sector 43. Sources said in his statement, injured Ram Saran claimed that if the car driver had slowed down the speed of his four–wheeler after hitting him, the human loss would have been diverted to a large extent. Police have registered an FIR under Section 304A (death due to negligent driving) of the IPC against unknown Skoda driver on the statement of Ram Saran.

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Ram Saran said, “I recorded my statement before the magistrate. Police informed me that the car was being driven by a relative of businessman. We want justice. The car driver was very fast. He first hit my cart. If he had slowed down, SatguruParsad might be living today. “

A police officer said, “The white colour Skoda was found registered in the name of Satish Talwar, a resident of Sector 15. We raided the house. The house was locked. Satish is a businessman. We also did not find his only son at the house. We were informed by some passerby, who witnessed the Skoda being crashed between the divider and the rear of BapuDham Colony-26, that the Skoda driver was drunk. He was not able to stand. Today, we recorded the statement of injured Ram Saran, whose cart was also hit, before a duty magistrate under Section 164 of CrPC. We are taking legal opinion whether Section 304A can be converted into Section 304 of IPC.” A case was registered at the Sector 26 police station.

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CONCERNED LEGAL PROVISIONS (IPC)

• 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.
• Punishment for culpable homicide not amounting to murder.—Whoever commits culpable homicide not amounting to murder shall be punished with 1[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 such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

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The offence committed here is a type of non-bail able offence. When seen overly, it is presumed as death caused by negligence which results is fine with two year of imprisonment. But if sufficient evidences are collected and proper connection is present between the accused and the victim to prove the mensrea behind the crime than it amounts to culpable homicide not amounting to murder which results in life imprisonment with fine.

Hon’ble court is yet to decide upon the concerned matter. And the skoda driver is still not in custody.

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For case specific advice, please contact best Accident/Mact lawyers advocates in Chandigarh Panchkula Mohali Zirakpur Kharar Derabassi Baltana Mullanpur.

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