What is the
difference between 304 A and 304 Part 2?
Section 304
(II) is attracted when there is knowledge that death may be caused by your act,
whereas 304 (A) is only death by negligence. In cases that come under Section
304 (II), it is said that you have knowledge that your act may cause death.
What is
difference between 304 and 304A of IPC?
While
Section 304 of IPC deals with the punishments to be awarded for the offences of
culpable homicide not amounting to murder, Section 304A deals with the deaths
caused by negligence.
Comparative
Analysis of Section 304A IPC and Section 106 of Bharatiya Nyaya Sanhita (BNS)
on Causing Death by Negligence
In the realm of criminal law, the provisions surrounding causing death by negligence hold significant importance as they delineate the legal consequences for actions leading to the loss of human life. Earlier, Section 304A of the Indian Penal Code (IPC) used to deal with the provision of death by rash and negligent act and now, Section 106 of the Bharatiya Nyaya Sanhita (BNS), addresses this issue. In this article, we explore the key differences between these sections.
1. Punishment Duration:
IPC Section 304A: The punishment prescribed for causing death by negligence is imprisonment for a term that may extend to two years, or a fine, or both.
BNS Section
106(1): This section elevates the punishment duration, specifying imprisonment
for a term that may extend to five years and a fine. Notably, if the act is
committed by a registered medical practitioner during a medical procedure, the
term is limited to two years.
2. Inclusion of Registered Medical Practitioners:
IPC Section 304A: Does not explicitly address the role of registered medical practitioners.
BNS Section 106(1): Recognizes scenarios where a registered medical practitioner causes death by negligence during a medical procedure. In such cases, the term of imprisonment is distinct from other acts of negligence.
3. Specific Provision for Rash and Negligent Driving:
IPC Section 304A: General in its language, covering any rash or negligent act not amounting to culpable homicide.
BNS Section
106(2): Introduces a specific provision for causing death by rash and negligent
driving of a vehicle. If the driver escapes without reporting the incident to a
police officer or a Magistrate, the punishment includes imprisonment for a term
that may extend to ten years and a fine.
4. Reporting Obligation for Vehicular Negligence:
IPC Section
304A: Silent on the reporting obligation for cases involving vehicular
negligence.
BNS Section 106(2): Imposes an additional obligation – if death results from rash and negligent driving and the driver escapes without reporting it promptly, the punishment is intensified.
5. Variation in Fine:
IPC Section 304A: Leaves the fine to the discretion of the court.
BNS Section 106: Specifies that the offender shall be liable to a fine, emphasizing a more explicit inclusion of this financial penalty.
6. Enhanced
Imprisonment for Vehicular Negligence:
IPC Section 304A: No specific provision for vehicular negligence.
BNS Section
106(2): Imposes a higher term of imprisonment, up to ten years, for causing
death by rash and negligent driving of a vehicle and escaping without prompt
reporting.
7. Legal Implications for Registered Medical Practitioners:
IPC Section 304A: Applicable to all cases of causing death by negligence without distinguishing based on the profession of the offender.
BNS Section 106(1): Introduces a specific provision for registered medical practitioners, acknowledging the distinctive context of medical procedures.
In essence, the differences between IPC Section 304A and BNS Section 106 reveal a nuanced approach in the latter, with more specific provisions, elevated punishment durations, and a targeted focus on scenarios involving vehicular negligence and registered medical practitioners.
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