Law is an official rules of a country or state that tell it’s people what they may or may not do; what is right and what is wrong. These rules help in regulating the country as well as it help to maintain peaceful and harmonious relationship not only inside the country but also outside the country. People respect laws and fears the punishment given by law that is the only reason why people have believe, faith in court of laws.
Different types of offence have different punishment. Like for theft it may extend to three years, or with fine, or with both under section 370 of IPC; punishment for murder includes the death penalty or life imprisonment with a fine under Section 302 of IPC ,etc. It is also a clear fact that without strict punishment people will take laws very lightly.
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When we talk about section 304A of IPC which deals with death by negligence i.e. 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.
In other words if the death of a person is caused by a rash or negligent act without any knowledge that it will lead to death and without any intention to kill someone, then that person will not be accused with the crime of culpable homicide ( i.e. death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death) and he will only be punished with uttermost 2 years of punishment, or with fine or with both.
Section 304-A was inserted in the Code in 1870 by the Indian Penal Code (Amendment) Act, 1870. This section was added to Indian Penal Code to protect the innocent person whose actions had lead to the death of an another innocent person, the accused neither had intention to kill that person, nor he had any knowledge that his act would lead to the death of the person. So the accused would not be punished to hard for the crime that was committed by him when he did a negligent or a rash act.
But the question here arises that does this section only protect people who killed someone unknowingly? Or is it giving people license to kill under the name of rash or negligent act? Does it give people right to do manslaughter without intention? As people are aware that in the end during the trial they only need prove 3 points.
1 A person died.
2 Accused killed A person.
3 A Person was killed due to a rash or negligent act of the accused, not due to culpable homicide.
When these 3 points are proved the end result will be the accused will be punished upto the imprisonment of 2 years, or with fine, or with both. Accused will never be able to realize his mistake in such a short period of imprisonment or with some fine. Specifically the accused people who actually want to protect themselves after committing the crime when they had the intention and knowledge to kill. For the people who commit the crime section 304A of has become a good shield to protect themselves that is because 2 year imprisonment is something that could never create fear in their heart that they would have to suffer some serious consequences if they committed a crime.
If this goes on people who committed the crime of culpable homicide, of killing people and would try their level best to prove that their act was rash or negligent act, which lead to death of victim; and be saved from the rightful punishment i.e. death penalty or life imprisonment. If that happens wouldn’t it be leading to injustice to the decreased. Not only that it will also shake the trust and faith of the people in the laws of the country . Although section 304A of IPC protects the innocent people who killed someone due to negligence, but a person who killed someone whether intentionally or unintentionally, how can that person be innocent, that person still took someone’s life it is a fact, so according to me he should still be punished more severally then the prescribed punishment, so that he a given a lesson for life that he should be careful during his future actions.
Author – Ashlyn Jain
B. Com L.L.B ( Hons.) 3rd year