Anonymous
Asked January 29, 2017

harsher punishment between culpable homicide and death by negligence

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Between Culpable homicide and death by negligence, which provision has harsher punishment?

Answer 1

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Anonymous

Culpable homicide as provided in section 299 is considered to be graver offence as compared to section 304A death by negligence. Consequently the punishment provided for section 299 has more scope to be harsher as given under section 304 whereas section 304A has lesser scope as the maximum punishment is of 2 years.

Section 304 in The Indian Penal Code

304. 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.

 

Section 304A in The Indian Penal Code

[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.]

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