Relief Under Section 304 A Of IPC
My father was cutting tree in front of the home and the tree fell down on current wires. The wires put pressure on the current pole, it fell down and hit one person. That person died after 5 days. The police filed a complaint on my father with 304... Read More
My father was cutting tree in front of the home and the tree fell down on current wires. The wires put pressure on the current pole, it fell down and hit one person. That person died after 5 days.
The police filed a complaint on my father with 304 A section.M y father is now 73 years old.
Please help me in this regard,
1)What is the trial period(duration, how long it will take)?
2)What will be the outcome of the trial (conviction, file details)
3)Any relaxation for senior citizen.
- Sector-1, Noida
Section 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.
The provisions of this section apply to cases where there is no intention to cause death, and no knowledge that the act is done in all probability would cause death. The Supreme Court has clarified that the section 304-A of I.P.C. is applicable only when death is caused due to rash and negligent act of the accused, which is an essential element to attract the said provision.
But a colossal group of legal scholars has always questioned whether this section provides punishment for manslaughter without intention or is it a 'license to kill' in disguise of a rash and negligent act.
For more clarification, you can consult our expert criminal law lawyer in India who will guide you in your matter.
Answered on 19 Jul 2019
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There are high chances of getting bail. You can seek for an expedited trial in a time-bound manner from the court.
Answered on 23 Jul 2019
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