The Indian Penal Code section 304A deals with causing death by negligence or rash action. This section states that if a person causes the death of another person via a careless or hasty conduct that does not amount to culpable murder, the offender will be penalised with a maximum sentence of two years in jail, a fine, or both. We must first comprehend the word negligent act in order to comprehend the entire notion presented in Section 304A. It became critical to have a thorough understanding of this word. In the legal world, negligence is defined as an act or omission that causes harm to another person’s property.The word rash or negligent conduct is defined in this section of the Indian Penal Code as an act that causes death immediately. There is also a distinction between these phrases (rash and negligent). We define a hasty act as one that is carried out without thought. The phrase “negligent act” refers to a violation of duty caused by the failure to perform something that a reasonable person would do.
DIFFERENCE BETWEEN RASHNESS AND NEGLIGENCE
Rashness and negligence are the two most commonly utilised phrases for implementing Section 304A of the Indian Penal Code. The distinction between these two words has been discussed in many Supreme Court decisions. These two words may appear to be interchangeable to the untrained eye, yet their meanings are vastly different. To get into the nitty gritty, we define negligence as a state of mind in which a person has no foresight of the consequences of his or her actions.The term rash act, on the other hand, refers to a state of mind in which one is aware of the consequences of one’s actions but chooses to ignore them. Both cannot exist in the same person at the same time.
ESSENTIALS FOR RASH AND NEGLIGENT DRIVING
In order to do negligent conduct, a person must meet four fundamental requirements. The following are the components:
There must be some responsibility on the side of the defendant to conduct a negligent act. It’s crucial to know if the defendant owes the plaintiff a legal duty of care in this case.
Breach of Obligation: Once the plaintiff has met the first two conditions, the plaintiff must show that the defendant has violated the legal duty that has been placed on him or her. It discusses the defendant’s violation of duty, which he or she is required to accomplish since he or she has a legal obligation to the plaintiff.
Causing anything to happen: It indicates that the plaintiff suffered harm as a result of the defendant’s actions. The defendant may do an act that is unexpected of him or her, or he or she may be negligent in failing to perform an act that is anticipated of him or her.
Damages: Last but not least, there must be some harm or injury to the plaintiff, and these harms must be a direct result of the defendant’s actions.
It is critical to demonstrate that the defendant has no intention of committing a crime in order to use Section 304A. To comprehend the term “rash deed,” one must first realise that it refers to a hasty action that is in contrast to any planned action. A hasty act is one that is carried out without thought or prudence. It is dependent on the level/degree of irresponsibility.