Whoever does culpable homicide not equivalent to murder must be punished as per section 304 of Indian penal code. In addition to a monetary fine, the offender may be sentenced to life in prison if the victim dies as a result of the harm.
About IPC section 304
Culpable murder does not include reckless or careless behaviour that results in the death of another person. The goal is not to kill somebody, but rather to inflict serious harm on them. If this is the case, then the offender must serve a mandatory minimum prison sentence and pay a hefty fine.
When 304A section of IPC is invoked?
In the event of a traffic collision, the police will often file a report on section 304A of Indian Penal Code. The police file a “section-304A” report whenever a person is killed in a traffic collision (death by negligence). There is a possibility for a maximum penalty of two years if found guilty. The case is one where bail can be granted, so relax.
At what point does a violation of Section 304A get to be a matter of culpable homicide that is not equivalent to murder?
It is not a case of negligence but of intentional negligence if it is beforehand known that such a case of carelessness can result in the loss of a person’s life. In this scenario, an offence under section 304 of Part II of the IPC has been committed. In cases of culpable homicide, which fall under section 304 Part II of the penal code, there is a possibility for a sentence of ten years in jail.
Punishment provision under section 304
The Indian Penal Code, specifically Section 304, states that executing culpable homicide doesn’t really constitute murder or any other conduct that is likely to lead to the death of any person. The accused person is going to have to pay a fine on top of being sentenced to life in prison.
The court may also impose a fine on top of the sentence of either house arrest or solitary confinement for the duration of the offender’s sentence, which might last up to ten years.
Provision of bail under section 304
The violation of IPC (Indian penal code Sec 304 is indeed a cognizable offence as well as an infraction that cannot be released on bail. Any person charged of committing this offence will have an extremely hard time getting bail. If the accused person submits a plea for bail to the High Court of authority, the court will deny the accused person’s request.
And if an accused person has submitted a plea for seeking anticipatory bail with in offence described in IPC Section 304, then the court has the authority to instantly dismiss that accused person’s petition and they also have the authority to prosecute that individual. The crime described under section 304 is brought before the Session Court for adjudication.
Conclusion
Culpable homicide under murder punishment- Death or life sentence
Culpable homicide not relating to murder punishment is- jail up to 10 years of life sentence
Death due to pure negligence- two years
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