Tuesday, 31 May 2022

Rash and Negligent Act

 Rash and Negligent Act

The Indian Penal Code section 304A deals with causing death by negligence or hasty action. This section states that if a person causes the death of another person via a careless or reckless conduct that does not amount to culpable murder, the offender will be penalised with a maximum sentence of two years in jail, a fine, or both. We must first comprehend the phrase negligent act in order to comprehend the entire notion presented in Section 304A. It became critical to have a thorough understanding of this phrase. In the legal world, "negligence" is defined as an act or omission that results in damage to another person's property. The phrase rash or hasty is used in this section of the Indian Penal Code. negligent act can be defined as an act that is the immediate cause of death. There is a difference between these terms( rash and negligent) also. By ‘rash act’ we mean any act which is done restlessly. By the term ‘negligent act’ we mean a breach of duty due to omission to do something, which a reasonable man will do.

There are four basic elements that a person has to fulfill in order to do a negligent act. These elements are as follows:

There must be some responsibility on the side of the defendant to conduct a negligent act. It's crucial to know if the defendant owes the plaintiff a legal duty of care in this case.

Breach of Obligation: Once the plaintiff has met the first two elements, the plaintiff must show that the defendant has violated the legal duty that has been placed on him or her. It discusses the defendant's violation of duty, which he or she is required to accomplish since he or she has a legal obligation to the plaintiff.

The act of causing something to happen: It signifies that the plaintiff suffered harm as a result of the defendant's actions. In this case, the defendant may commit an act that was not expected of him or her, or the plaintiff may commit an act that was not expected of him or her.

Damages:  At last what matters is, there must be some damage/injury that is caused to the plaintiff and this damages should be the direct consequence of the defendant’s act.

To apply Section 304A it becomes very important to show that there is no intention on the part of the defendant to commit a crime. For understanding the ‘rash act’ one should understand that it is an act which is done hastily and is opposed to any intentional act. A rash act is done without any deliberation or with caution. It depends on the level/degree of recklessness.

After proving the person liability under Section 304A of the Indian Penal Code it becomes very important to punish those offenders. The punishment for death which is caused due to the negligent or rash act of the accused is prescriber under Section 304 A of the IPC itself. According to this Section, a person who is held liable for causing the death by negligence can be punished for the two-year jail or can be fined for the same or can be punished by both. The term of imprisonment depends on the gravity of the crime and imprisonment can be rigorous in nature or can be simple in nature. Its nature is also defined by the gravity of the crime and it varies from situation to situation as it depends on the situation. It is a cognizable offense and has been put in the category of a heinous crime. Here the police officer can arrest the accused without a warrant. It is a bailable offense and a bail can be granted by the police and the court.

No comments:

Post a Comment

Privity of Contract

 PRIVITY OF CONTRACT By: Robin Pandey Date: 04/03/2022 The doctrine of "privity of contract" means that a contract is cont...