Source: Supreme Court 

Why in News? 

Recently, the Supreme Court in the matter of George v. State of Kerala has held that there is no minimum punishment prescribed under the provisions of Section 304 (A) and Section 338 of Indian Penal Code, 1860(IPC). 

What was the Background of the George v. State of Kerala Case? 

• In the present case, the appellant was held convicted under the offences of  Sections 279, 337, 338, 304 (A) of IPC  
• It was alleged that the appellant was driving a mini lorry rashly and negligently which resulted in the demise of Santosh Kumar and certain injuries were also sustained by one of the pedestrian. 
• The trail court rendered the judgement against the appellant stating fines and period of convictions based on the evidence produced. 
• The Trial court order was confirmed by the Additional Sessions Judge and the High Court when the revision appeal was filed by the appellant before it. 
• Aggrieved by the order the appellant appealed before the Supreme Court. 
• The appellant argued that under Section 304(A) and Section 338 of the IPC, there is no minimum sentence prescribed, but the term may extend to 2 years.  
  • It was also alleged that the sentence can also be limited to a fine without any term of imprisonment.  
  • It was alleged that for the offence under Sections 279 and 337 of the IPC, the maximum punishment prescribed is 6 months and punishment can also be fine only. 
  • He also pleaded for reduction in amount of the compensation as he was a poor and aged man. 

What were the Court’s Observations? 

• The Supreme Court observed that the appellant has already spent 117 days of conviction based on the previous judgments of the lower courts. 
• The Supreme court further noted that there is no minimum punishment referred under Section 304(A) and 338 of IPC, relying on the case of Surendran v. Sub-Inspector of Police (2021). 
• Therefore, the Supreme Court modified the order of the High court and reduced the sentence and compensation payable by the appellant. 

Period of Conviction for Negligent Acts Causing Death Under Bharatiya Nyaya Sanhita, 2023 

• Section 106: Causing Death by Negligence 
  • Negligent Act Causing Death: 
    • This clause was earlier covered under Section 304 (A) of IPC under which the stated punishment was imprisonment of either description for a term which may extend to two years, or with fine, or with both 
    • Clause (1) of this section under BNS states that whoever causes 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 five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. 
  • Rash and Negligent Driving Causing Death 
    • This clause was earlier covered under section 279 of IPC, where the punishment was for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 
    • Clause (2) of this section under BNS states that whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.
• Section 125: Act Endangering Life or Personal Safety of others. 
  • This section of BNS states that whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two thousand five hundred rupees, or with both.
• Section 114: Hurt 
  • As per BNS, where hurt is caused, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 
  • This section was earlier covered under Section 337 of IPC where the punishment for hurt was imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
• Section 116: Grievous Hurt 
  • As per BNS, where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both. 
    • This section was earlier covered under Section 338 of IPC where the stated punishment for grievous hurt, was imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.