Factory labourer accidental death employer charged 304
Querist :
Anonymous
(Querist) 24 February 2018
This query is : Resolved
In my factory a labourer hired on contract accidentaly died falling in a treatment tank while cleaning. He was hired on contract and wentbto work without my knowledge or presence. Along with him one more labourer was injured but he is out of danger n he said they were drunk.Now people in factory premises complained factorybis not safe n police charged IPC 304 on me. All license n pollution board papers are correct.I want to know if in such cases IPC 304 is chargeable? if so how long will it take to get anticipatory bail, Also Factory and boilers association told they will file a case as thts the procedure at time of accidental death and at that time the other case of IPC 304 will not be valid.As two cases cannot be charged on this at a time. is that true?
Guest
(Expert) 24 February 2018
Do you believe that you can seek bail of fight sec.304 case without engaging a lawyer, merely on casual nature of advice by experts on your casual type of query?
Better engage a local criminal lawyer to fight your case on its merits.
Guest
(Expert) 24 February 2018
A vague and anonymous query, not worth any advice.
Sudhir Kumar, Advocate
(Expert) 25 February 2018
I want to know if in such cases IPC 304 is chargeable?
PRIMA-FACIE - YES
Sudhir Kumar, Advocate
(Expert) 25 February 2018
if so how long will it take to get anticipatory bail,
BASICALLY ASTROLOGICAL QUESTION
Sudhir Kumar, Advocate
(Expert) 25 February 2018
Also Factory and boilers association told they will file a case as thts the procedure at time of accidental death and at that time the other case of IPC 304 will not be valid.As two cases cannot be charged on this at a time. is that true?
NOT UNDERSTOOD WHAT EXACTLY YOU MEAN.
Vijay Raj Mahajan
(Expert) 25 February 2018
Firstly the charges made against you of section 304 IPC are extremely serious and here you are hiding your identity not coming out clearly with the case in details.
Secondly the case of mere accident you state but the initial investigation by police and even the Factory & Boilers Association charge you of the unsafe premises in your factory that was your responsibility which was ignored by you hence you are charged for culpable homicide not amounting to murder punishable under section 304 IPC.
You may move for anticipatory bail in the High Court and hope for relief.
Guest
(Expert) 25 February 2018
But question arises, would you apply for bail by keeping yourself as anonymous person? No law prescribes bail to any anonymous person.
Seems to be a case of sheer misuse of services of the experts by a law student, keeping himself as anonymous.
P. Venu 
(Expert) 25 February 2018
As the mishap happened within your premises, there is a strict liability cast upon you. It could be that you have defenses, but those things matter only at the time of trial. Further steps in getting bail and facing trial require professional assistance.
Dr J C Vashista
(Expert) 25 February 2018
If you are seeking an obligation from experts you will have to disclose your identity as per rules of this platform, no reply for an "anonymous" author.
