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ashok kumar singh (Advocate)     09 May 2021

S. 304

Punishment for culpable homicide not amounting to murder

Descripttion

Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either descripttion for a term which may extend to ten years, and 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 as is likely to cause death;

Or with imprisonment of either descripttion 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.

Classification u/schedule 1 CrPC

Offence

Punishment

  1. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc.
  2. If act is done with knowledge that it is likely to cause death, but without any intention to cause death, etc.
  1. Imprisonment for Life or 10 Years + Fine
  2. 10 Years or Fine or Both

Cognizance

Bail

Triable By

  1. Cognizable
  2. Cognizable
  1. Non-Bailable
  2. Non-Bailable
  1. Court of Session
  2. Court of Session

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     09 May 2021

Originally posted by : upendra reddy
section meaning of 304 IPC 3,5 and 6

 

1. What are your reasons for asking this query ????  ARE you involved in any criminal case under this Section.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

minakshi bindhani   27 October 2021

As per your concerns!

Section 3 of the Indian penal Code(IPC), 1860 lays down the provisions for punishment of the offences committed beyond India but maybe tried within India.

The Act states section 3 of IPC, 1860 as Any person liable, by any Indian law, to be tried for an offence committed beyond India shall be dealt according to the provisions of this section, the Code for any act committed beyond India in the same manner as if such act had been committed within India.

Sec 3 IPC, gives criminal jurisdiction to the Courts to try an offence committed by a person beyond or outside the territory of India when he is subject to the Indian laws. 

Section 5 of IPC, 1860 talks about the laws as well as provisions of this code which will not apply to the categories which have already existing laws to deal with the respective matters.

Sec 5 of IPC, 1860 specifically states that nothing in this Act shall affect the provisions of any Act for punishing and desertion of officers, soldiers, sailors, or airmen in the service of the Government of India or the provisions of any special or local law.

Whereas section 6 of IPC, 1860

specifically states that “Throughout this code, every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or illustration.

sec 6 IPC, 1860 itself states that every definition that defines the meaning, nature, scope of that offence, every provision as mentioned that aims to penalise the person for the wrongful act committed by him and every illustration defining the offence with the help of examples shall be understood as exceptions as they are mentioned in the chapter “General Exceptions”. 

Section 304 of IPC, provides punishment for culpable homicide not amounting to murder.

As defined under the code, sec 304 IPC clearly states that -
“Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment for either descripttion of a term which may extend to 10 years. 

The offender under this section shall also be liable to fine if the act by which the death is caused is committed with the intention of causing death, or of causing bodily injury which is likely to cause death. 

Or with imprisonment for either descripttion of a term which may extend to 10 years, or with a 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 which is likely to cause death.”

Hope it is helpful!
Regards
Minakshi Bindhani

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