What Is 304 Act in Indian Law

The greatest confusion remains between the two articles of the IPC, i.e. Articles 299 and 300 of the IPC, due to the fact that these two articles speak of the death of a person caused by another human being, and in order to understand the concept of this article, it is necessary to know what the term culpable murder means. This Section 304 of the Indian Penal Code divides the criminal offence of culpable homicide, which does not constitute murder, into two categories, depending on the nature and gravity of the offence: As defined in the Code, Article 304 of the ICC clearly states that – Previously, there were no provisions for cases where a person`s death was caused by negligence. The only reason for holding a person accountable was that he or she was held responsible either for culpable homicides that did not constitute murder or only for murder incidents. In addition, the scope of IPC 304 has been expanded to include deaths and deaths caused by negligence in dowry cases. To deal with anonymous cases of dowry deaths, suicides and burns of brides, Article 304-B was incorporated into the ICC by the Amending Act of 1986. Article 304(A) of the CPI states that anyone who causes the death of a person by a premature or negligent act that does not constitute culpable homicide shall be punished by imprisonment of both types for a term of imprisonment of up to two years, or a fine, or both. To bridge the gap between the two sections, Section 304 A was inserted by the Indian Penal Code Amendment Act 2007 of 1870. In the case of premature or negligent acts, the intention of the person is not to inflict death on the other, and he does not know that the action will cause death. For the purposes of article 299 of the CPI, guilty murder is committed when the death of a person is caused by an act or intention to cause bodily harm that could result in death. Article 304B of the ICC provides: (1). “If a woman`s death is caused by burns or bodily harm, or occurs within seven years of her marriage other than under normal circumstances and it is proved that she was shortly before her death by her husband or a relative of her husband by reason of or in connection with any request for dowry in that death, this is referred to as “dowry death”; and it is assumed that this husband or relative caused his death. .

The explanation provided in the Act – For the purposes of this paragraph “Dot” – has the same meaning as in section 2 of the Dowry Prohibition Act 1961 (28 of 1961). (2) Any person who commits death by dowry shall be liable to imprisonment, which shall not be less than seven years but may be up to life imprisonment. ยง 304 – Penalty for culpable homicide that does not constitute murder. Any person who commits culpable homicides that do not constitute murder shall be liable to life imprisonment or mutual imprisonment of up to ten years and may also be punished by fines if the act causing death is committed with intent to cause death or bodily harm likely to: cause death; “Anyone who commits culpable homicides that do not constitute murder shall be punished by life imprisonment or up to 10 years. a term of imprisonment of at least 7 years, but up to life imprisonment or imprisonment for the description of a term of imprisonment, which may be up to 10 years, or with a fine or both, if the act is carried out in the knowledge that it is likely to cause death, but without intent to cause death or such bodily harm, that is likely to cause death. “While murder has been defined in Article 300, which states that the act of culpable murder is considered murder if the act is committed with intent to cause death.” The offender referred to in this section is also liable to fines if the act giving rise to the death is committed with the intention of causing death or causing bodily harm likely to cause death. This section provides for exceptions that differ from the act of murder guilty of murder. These exceptions are as follows:. .

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