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(Guest)

section 304-A IPC.

Whether section 304-A IPC should be non- bailable?


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 7 Replies

RAJENDRAN K.M. 09443050520 (Advocate)     09 February 2010

It's bailable Sec.

(Guest)

ya i knows its bailable... i just want suggetion thatsection 304 A ipc has to non bailable by appropriate ammendment........wats ur opinion?

RAJENDRAN K.M. 09443050520 (Advocate)     09 February 2010

My opinion is the above amendment must come to force in future,because the negligence of rash driving and other type of activities are at present over.

jatin sharma (LAWYER)     09 February 2010

hi, 304A of  I.P.C should be non bailable offence . it should be amended by parliament. i am agree with u . but its depened upon the circumstace .the parliament should be amended it with proviso and mensera should be aaded in it or if the person will fully neglect the offence than it should be cover under 302 i.p.c. every one know that about case of bmw rash driving case, "nanda case" the fact is showing that he was willfully done that.

mahalakshmi.Ganapathy (advocate)     10 February 2010

304-A IPC should ideally be a bailable offence as the basic requirement for any crime in IPC is mens rea nad in rash and negligent act der is no intention..so no point it being non-bailable..


(Guest)

thanks frinds for your valuable comments.

Arun Kumar Sngh (Sr. RTI Consultant )     10 December 2011

Yesterday dated 9/12/2011 in AMRI Hospital , Kolkata there was devastating fire causing loss of life one of the biggest in recent history numbering 86 Approx.

Now the Govt. of W.B has cancelled the Licence and Booked 6 of its Director under IPC 304 among others and has been arrested , interestingly Govt. of W.B hold 1.9% share as on date with two nominated Directors who were not arrested, I do not know even in FIR their name has been incorporated.

My intention to know is whether slapping IPC 304 is right on Directors who have no INTENTION the key ingridient of section to cause/ inflict  injury to admitted patinets and whether exeption can be made u/s IPC 300 to secure Bail.

That 2-3 directors are aged and medically not fit to be JC /Jail and if the State Govt. is so transparent than Why two of its own nominee on Board will go scot free, Please apprise me How to proceed for Bail of these Directors Based on Mens rea as the basic foundation of IPC

Any other suggestion for moving Bail application please guide ,awaiting prompt response from learned lawyer forum , being from Healthcare Industry I am eager to take up the matter if require, pls advise suiatbly and apporpriately at the earliest and oblige.

Thanking you

With Regards!

Arun Kumar Singh

Kolkata.


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