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Accident is an unforeseen incident. Yet, it must not be a ground to let off the offender. If a
person, who is sole bread winner of his family, is died in accident by rash or negligent act of a
person, such family may become destitute forever. Therefore, at least immediate compensation
must be paid to the victim by the offender besides other benefits to the victim.
Keeping in view recent amendment of section 41 of Cr.P.C, if the offence under section 304-A of IPC is made punishable more
than 7 years, it automatically becomes non-bailable and then the offender will seek bail from the court. If it is impossible to
make it so, the victim should be paid immediate compensation by the person
who is responsible for the accident. Now-a-days, minors often commit
automobile accidents without having any license. We know that section 304-A
of IPC is not a license to kill. At present the punishment is same even if a
person kills a single person or more. Juvenile justice act is merely reformative
and not deterrent and the society has to take up the cudgels on behalf of the
victims. Therefore, it is the time to redefine juvenile crime. There is a
criticism that unfortunately section 304-A of IPC was applied in Bhopal gas
tragedy which helped the victims go scot free. In Arab countries they insist that
the offenders pay blood money and if they dont pay they will be inside the
bars till they pay the money.
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Y.SRINIVASA RAO,
M.A(English).,B.Ed.,LL.M.;
Judicial Magistrate of I Class;
Topper in LL.M
http://www.legalservicesindia.com/article/article/speed-break-to-section-304-a-of-ipc-1123-1.html[16-11-2014 22:16:33]
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rashness or negligence; [Munile Sao v. State of Bihar, (1997) 3 Crimes 200 (Pat)].
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3. In case of minor commits accident under purview of section 304-A of IPC, the parents of minor/ R.C owners should not be
excused and parents/R C owners must be made vicariously liable to pay the compensation to the victims.
4. If the offence under section 304-A of IPC is made punishable more than 7 years, it autometically becomes non-bailable.
5. There must be some speed break to stop deaths by rash or negligent act.
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6. When section 326 of IPC is non-bailable, there will be no surprise to amend Section 304-A as non-bailable offence inasmuch
as grievous hurt is rather serious than causing death by rash or negligent act.
7. Despite accident is an unexpected event, victim should not left without compensation on that ground.
****************
Ins. by Act 27 of 1870, sec. 12.
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