As per Section 304A, 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.
Today, SC observed that the punishment for an offense under Section 304A IPC for ’cause death by negligence’ is inadequate and now, needs an amendment.
A two judge bench comprising Justice Dipak Mishra & C. Naggapan showed their concern over this matter by took hint from its earlier judgment in State of Punjab vs. Saurabh Bakshi (2015) 5 SCC 182, said: 304A IPC needs revision so that higher punishment can be provided. we are absolutely conscious, as the aforesaid would convey, it is up to the parliament. However, we would like to hear Ld. AG on this matter.
Bench also stated that nonchalant attitude of drivers and their drunkeness contributes careless driving where other people become their prey. Poor people who spend their life on pedestrian feel that they are not save because of careless attitude of drivers.It would be good for society if lawmakers scrutinize, relook and revise the sentencing policy of section 304A IPC.
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