Section 304A IPC: Causing death by negligence

Indian Penal Code, 1860

Section 304A IPC at a Glance

Section 304A IPC deals with causing death by negligence. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 106 BNS.

Punishment

Imprisonment of either description for up to two years.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 106 →

Section 304A IPC Bare Act Text

304A. Causing death by negligence

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.

Source: Section 304A, Indian Penal Code, 1860

Section 304A IPC in Simple Words

Section 304A of the Indian Penal Code (IPC) punishes causing the death of any person by doing any rash or negligent act not amounting to culpable homicide. The punishment is imprisonment of either description for a term which may extend to two years, or fine, or both. The offence is cognizable and bailable, and it is triable by a Magistrate of the first class.

Ingredients of Section 304A IPC

  • The death of a person was caused
  • The death was caused by the act of the accused
  • The act was rash or negligent
  • The act did not amount to culpable homicide

Punishment Under Section 304A IPC

Imprisonment

Imprisonment of either description for up to two years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Causing death by doing any rash or negligent act not amounting to culpable homicide carries imprisonment of either description for up to two years, or fine, or both. It is cognizable and bailable, triable by a Magistrate of the first class.

Example of Section 304A IPC

In 2021, in Guwahati, Naveen, an electrical contractor repairing a commercial building, left an uninsulated live power cable dangling across a wet public footpath without switching off the current or placing any warning barriers. Tarun, a passerby walking home in the evening, accidentally touched the exposed cable and died of electrocution. Naveen had neither the intention nor the knowledge required for culpable homicide, but he caused Tarun's death by doing a negligent act. Naveen is punishable under Section 304A IPC.

When Section 304A IPC Does Not Apply

  • Section 304A IPC does not apply when the death was not the direct result of any rash or negligent act committed by the accused.
  • Section 304A IPC does not apply where the accused acted with the intention or knowledge that makes the killing culpable homicide under Section 299 IPC or murder under Section 300 IPC.
  • Section 304A IPC does not apply if the rash or negligent conduct causes only bodily injury and does not result in the death of any person.

Section 304A IPC in the BNS

Section 304A IPC is now covered under Section 106 BNS.

Section 304A IPC corresponds to Section 106 BNS with notable changes. Under Section 106(1) BNS, the general punishment increases to imprisonment of either description for up to five years, and the offender is also liable to fine, eliminating fine alone as a sentence. Section 106(1) BNS also introduces a distinct sentence of imprisonment up to two years and fine where the act is done by a registered medical practitioner while performing a medical procedure. Section 106(2) BNS provides imprisonment up to ten years and fine for causing death by rash and negligent driving and escaping without reporting to a police officer or a Magistrate soon after the incident, but Section 106(2) BNS has not been brought into force.

View detailed comparison (IPC 304A vs BNS 106) →

FAQs on Section 304A IPC

What does Section 304A IPC provide?▼

It punishes causing the death of any person by doing any rash or negligent act not amounting to culpable homicide.

What is the punishment under Section 304A IPC?▼

Imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Does Section 304A IPC apply if the act amounts to culpable homicide?▼

No. The section expressly applies only to acts not amounting to culpable homicide.

Is an offence under Section 304A IPC cognizable and bailable?▼

Yes. It is cognizable and bailable under the First Schedule to the Code of Criminal Procedure.

Which court tries an offence under Section 304A IPC?▼

A Magistrate of the first class.

Can an offence under Section 304A IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Has Section 106(2) BNS come into force?▼

No. The commencement notification brought the BNS into force on 1 July 2024 except Section 106(2) BNS, which remains unnotified.

Where is Section 304A IPC in the Bharatiya Nyaya Sanhita?▼

In Section 106 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·