Provisions For Death By Negligence Under Indian Penal Code. Is It Bailable?


Section 304A in The Indian Penal Code States That Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

It is a Cognizable Offence.

If a driver, not under the influence of alcohol, causes someone's death in an accident, police can apply IPC section 304-A (causing death by Negligence), which is a  Bailable offense.

Though, Rash driving or riding on a public way is defined under Sec. 279 and causing death by negligence is defined under Sec. 304A of Indian Penal Code.

The accused shall have to avail the bail from the Magistrate of First Class. Police have the authority to release the accused in 304a on bail on getting the defined surety amount along with a duly filled bail bond. The otherwise arrested person has to apply for bail before a magistrate or court. The FIR registered under Section 304A of the IPC cannot be quashed

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