IPC Section 304 vs 304 A

IPC Section 304 vs 304 A

Context: The minor in the Pune Porsche case, charged under the bailable Section 304A of the IPC, will likely be tried under the Juvenile Justice (Care and Protection of Children) Act of 2015.

o If minors are involved in road accidents, Motor Vehicles Act of 1988 holds the guardian or vehicle owner responsible. The minor faces fines, imprisonment up to 3 years, and vehicle registration cancellation.

Section 304 of IPC

o Concerned with: Punishment for Culpable Homicide not amounting to Murder.
o It deals with cases where the accused intentionally causes death or inflicts injuries likely to cause death, requiring mens rea (guilty mind) and intention or knowledge of the likelihood of causing death.

Section 304 A of IPC

o Concerned with: Causing Death by Negligence
o It deals with cases where death is caused by the accused’s negligence or recklessness, without intention or knowledge, and does not amount to culpable homicide under section 304. The offence is punishable by up to 2 years imprisonment, a fine, or both and does not require mens rea.

➢ Accidental death with no intent falls under 304A (no drunk driving). Death caused by drunk driving with
knowledge of risk falls under 304 (reckless driving).

➢ No Mens Rea Required Some criminal laws don’t require any mens rea or mental state. And it directs strict
enforcement of laws.