Source – Kerala High Court

Why in News?

Recently the Kerala High Court in the matter of Renjith Raj v. State has held that in cases of death involving use of motor vehicles, the Courts should decide whether an alternative charge for an offence under Section 304A of the Indian Penal Code, 1860 (IPC) is also to be added in addition to the charge under Section 304 of IPC.

What was the Background of Renjith Raj v. State Case?

• In this case, the appellant was tried for an offence under Section 304 of the IPC by the Additional Sessions Judge, Ernakulam.
• He was convicted of the offence under Section 304A of IPC.
• Thereafter, the appellant filed the appeal before the High Court of Kerala, challenging his conviction and sentence for an offence under Section 304A of IPC.
• The High Court dismissed the appeal considering the gravity of the offence.

What were the Court’s Observations?

• Justice P.G. Ajithkumar observed that every Court while framing a charge in cases of death involving use of motor vehicles and a final report is filed alleging offence under Section 304 of the IPC, the trial court is obliged to apply mind and decide whether an alternative charge for an offence punishable under Section 304A of IPC.
• The Court further held that a conviction under section 304A IPC would not be rendered unsustainable or illegal on an omission to mention terms like Section 304A of the IPC and the words rashly or negligently in the charges framed against the accused.

What are the Relevant Legal Provisions Involved in it?

Section 304, IPC

• Section 304 of IPC deals with the punishment for culpable homicide not amounting to murder, whereas the same provision has been covered under Section 103 of the Bhartiya Nyaya Sanhita, 2023 (BNS).
• It states that whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

Section 304A of IPC

• About:
  • Section 304A of IPC deals with the causing death by negligence whereas the same provision has been covered under Section 104 of the Bhartiya Nyaya Sanhita, 2023 (BNS).
  • It states that 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.
• Essential Elements of Section 304A:
  • To bring a case of homicide under section 304A, IPC the following conditions must exist:
    • There must be death of the person in question.
    • The accused must have caused such death.
    • That such act of the accused was rash and negligent and that it did not amount to culpable homicide.
• Case Law:
  • In the case of Benny v. State of Kerala (1991), the Kerala High Court held that Section 304A of IPC is not a minor offence of Section 304 of the IPC.