May 9, 2015

Drunk Rash & Negligent driving. When punishable under 304-A Culpability- 3 Degrees of Criminal Negligence.

Drunk Rash & Negligent driving.

When punishable under 304-A

Culpability- 3 Degrees of Criminal Negligence.

Causing death by rash and negligent act is punishable under 304A.

Degree of Criminal negligence depends on 3 factors.

1) act should be such as to endanger human life.

2) it actually endangered human life and caused grievous hurt or injury likely to cause death.

3) It actually caused death.

Then case falls under 304A

For more discussion on law, please see Upphar Cinema Case. Reported in Sushil Ansal V/s State. 2014 (6) SCC 173

Haresh Raichura
8/7/1015


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