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Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Of offences affecting life

Section 304A: Causing death by negligence

The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BNS section 106 (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.]

State amendments to this section

Himachal Pradesh.— After Section 304 A of the Indian Penal Code, 1860, in its application to the State of Himachal Pradesh, the following section shall be added, namely: — “304-AA. Causing death or injury by driving a public service vehicle while in a state of intoxication.—Whoever, while in a state of intoxication, drives or attempts to drive a public service vehicle and causes the death of any person not amounting to culpable homicide, or causes any bodily injury likely to cause death, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, as if the act by which death or bodily injury is caused, is done with the knowledge that he is likely by such act to cause death or cause such bodily injury as is likely to cause death.

Explanation. —“Public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage and stage carriage”. [Vide Himachal Pradesh Act 19 of 1997, sec. 2]. In Section 304-AA of the Indian Penal Code, 1860, in its application to the State of Himachal Pradesh, —

(a) for the words “a public service vehicle” where ever these occur, the words “any vehicle” shall be substituted; and

(b) the Explanation shall be omitted. [Vide Himachal Pradesh Act 7 of 2012, s. 2]

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 304A