Causing death by negligence

What this section does

Punishes causing death by a rash or negligent act that does not amount to culpable homicide. It creates three distinct sub-categories: general rash/negligent acts (up to 5 years), acts by registered medical practitioners during medical procedures (up to 2 years), and rash/negligent driving where the driver flees without reporting to police or a Magistrate (up to 10 years).

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

General: imprisonment of either description up to 5 years, and fine. Registered medical practitioner during medical procedure: imprisonment of either description up to 2 years, and fine. Hit-and-run (escape without reporting): imprisonment of either description up to 10 years, and fine.

Triable by

Magistrate of First Class

Cognizable

Yes

Bailable

Yes

Compoundable

Depends

Ingredients (what prosecution must prove)

1. Death of a person was caused
2. The death was caused by a rash or negligent act of the accused
3. The act does not amount to culpable homicide
4. For the medical practitioner sub-category: the accused is a registered medical practitioner (as defined) and the act occurred while performing a medical procedure
5. For the hit-and-run sub-category: the death was caused by rash and negligent driving, and the accused escaped without reporting to a police officer or Magistrate soon after the incident

• IPC Section 304A — Causing death by negligence