Section 304-A of the IPC deals with the punishment for causing the death of any person by doing any rash or negligent act not amounting to culpable homicide. However, in most the trials the endeavour of the complainant / prosecution is to convert 304-A IPC to that of culpable homicide amounting to Murder (Section 302 IPC) which has a stringent punishment of life sentence attached to it.
There are many instances wherein Section 304-A IPC is invoked such as against a doctor for a medical negligence, against a motorist for a rash and negligent driving, against an employer causing death of a workman, etc.
At Lexel, we analyse the situation and by assimilating proper facts and proofs try to eliminate the ‘intention’ and ‘knowledge’ component from the conduct leading to the death so as to bring the occurrence within the ambit of an ‘accident’ thereby resulting in quick bails and acquittals. The defences may be further fortified by contributory negligence on part of the deceased, or an act of god or inevitable accident.
