Indian Penal Code

Querist : Anonymous (Querist) 27 December 2010 This query is : Resolved
what is the difference between section 304 part I and 304 part II ?
what is culpable homicide amounting to murder and not amounting to murder?

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Bhawani Mahapatra (Expert) 27 December 2010
Sec 304(A) deals with the "Causing death by negligence" where as Sec 304(B) deals with "dowry death".
Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide is charged u/s304(A)

s.subramanian (Expert) 27 December 2010
Yes.Mr.Bhawani is right.

SANJAY GUPTA (Expert) 27 December 2010
agree with Mr.Bhawani

Ravikant Soni (Expert) 27 December 2010
Dear experts!!! he is asking abt 304 part I and 304 part II instead of 304A and 304B..

R.Ramachandran (Expert) 27 December 2010
The difference between Sec. 304 Part-I and Part-II is as under:

In 304 Part-I - there is an intention to cause death.

In 304-Part-I - there is no intention to cause death, but there is only knowledge that his act is likely to cause death.

R.Ramachandran (Expert) 27 December 2010
The second sentence should read as 304-Part-II (and not Part-I as wrongly typed)

Ravikant Soni (Expert) 27 December 2010
There is a hairline difference between thease two parts of sec. 304 and is of intention.
If work done with intention to commit death it wd go with part I and if with intention of other harm instead of committing death than it comes in part II.

Gulshan Tanwar (Expert) 27 December 2010
In this regard I will be saying tomorrow, as today had typed many querries.

I will be bringing about the differences step by step and my all learned friends will be happy to see the difference which will be nicely explained both chartwise and writingwise.

Gulshan Tanwar (Expert) 27 December 2010
S.299 and S.300 IPC ....will come into action tomorrow as I had given lectures over the same to many students while I was studying Indian Law as for the last 8 years I am writing a book over the Indian Law which has 27 volumes and just 5 volumes have been written so far. From that I will bring some instances too.

Adv ramesh chheda (Expert) 28 December 2010
basic diff is that the in part -I, wrong act was carried out with an guilty mind of committing murder
but in part -II, act was not carried out with that intention but it has happened to due to such other acts which were not within control of said person.
so main factor which differenciating is the presenc of guilty mind to kill at the time of happening of incident .