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Section 304 IPC

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As provided under the Act, #Sec 304 #Indian #Penal #Code deals with the #Punishment for culpable #homicide not amounting to #murder.
The Code states the offence as, “ Whoever commits culpable homicide not amounting to murder, shall be punished with the 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 which 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 is likely to cause death, or to cause such bodily injury as is likely to cause death”.

The offence of culpable homicide is defined under section 299 of this act. Those acts which would have amounted to murder but have fallen under the purview of any exception to section 300.
The major ingredient that plays a major role in proving the offence under this section 304 IPC is the intention and knowledge of the offender. The term of punishment in both the cases depends on the nature and gravity of the offence.
Further, in order to extend the ambit of sec 304 IPC, section 304 A and 304 B was inserted vide the Criminal law amendments in the Indian Penal Code.

Section 304A deals with the cases, where a person causes the death of another by such acts that are rash and negligent in nature. However, there is no intention to cause the death, nor the person is having any knowledge that the act will result in the death of another person.

There are a few essential points that should be there, in order to establish the offence under section 304A. These are:
There must be the death of the person in question
There should be a direct link between the death of the person and the rash and negligent act of the accused.

A person causing death by rash or negligence shall be liable for punishment for a term which may extend to two years, or with fine or with both. The offence committed under this section is Cognizable as well as a Bailable offence which could be tried by the Magistrate of the first class.

Whereas, Section 304 B deals with the cases of Dowry death. In the recent few years, there has been an anonymous boom in the cases of burning brides, suicides, harassment and cruelty by the husband. This section makes a person liable whoever commits the dowry death for a period that shall not be less than seven years, but which may extend to imprisonment for life.
Dowry death is a Cognizable as well as non- bailable offence. The cases related to dowry deaths are triable by court of sessions.




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