The Nagpur Police have taken a serious note of vehicles playing on opposite directions and causing death to the persons riding on their left side with immediate effect. The Commissioner of Police Dr Bhushan Upadhyaya, himself in a Whatsapp message posted that hence force section 304 of IPC instead of section 304A will be applied in such accidents.
Dr Upadhyaya said we have taken a policy decision that if any vehicle comes from wrong side and causes death, 304 in place of 304 A will be applied. It is not a sheer rash and negligent act, but the driver is knowingly doing an act which can cause death, the message loud and clear stated.
On June 2, two young boys lost their lives as one JCB was coming from opposite direction in Kalamna Police station jurisdiction. The JCB driver fled from the scene immediately. The deceased were identified as Prithiviraj Jadhav and Sushant Nagdeve while their third friend Shubham Wagh sustained injuries.
The Kalamna Police as usual had registered offences under section 304A against the JCB driver but now section 304 of IPC will be registered against the driver.
According to the information, Section IPC 304 is for culpable homicide not amounting to murder. 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. The person 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 which is likely to cause death.
The punishment can also be 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 304 A defines Causing death by negligence. 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.
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