New Indian Penal Code strengthens punishment for death by negligence | Details
The Bharatiya Nyaya Sanhita, the new version of the Indian Penal Code, introduces enhanced punishment for death due to negligence, emphasising accountability and prevention. The law proposes penalties of up to 7 to 10 years imprisonment for causing death by negligence, promoting responsibility across various sectors and underscoring the value of every life.
In a significant development, the new version of the Indian Penal Code - the Bharatiya Nyaya Sanhita, has enhanced the punishment for death caused due to the "negligence" of a person.
According to Section 104 of the code -
- Whoever causes the death of any person by any rash or negligent act, not amounting to culpable homicide, shall be punished with imprisonment of either description for a term that may extend up to seven years, and shall also be liable to a fine.
- Whoever causes the death of any person by any rash or negligent act, not amounting to culpable homicide, and escapes from the scene of the incident or fails to report the incident to a police officer or magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend up to 10 years, and shall also be liable to fine.
The change in the law adds much-needed clarity and structure around the obligations of individuals in positions of responsibility and the potential repercussions if these obligations are shirked.
The proposed legislation, once passed, shall cast penalties on those who cause death or severe injury by their negligent actions.
It aims to ensure citizens undertake their responsibilities with the seriousness and respect they entail and fulfills the justice system's principles of maintaining peace, order and preventing avoidable accidents that can lead to tragic outcomes.
The fundamental principle underpinning this law is that every life holds intrinsic value, and no person should lose their life because of another's negligence.
It underscores the importance of preventative measures in all contexts – be it work environments, public spaces, or private homes, where the negligence of the responsible parties can have severe consequences.
One of the significant aspects of this proposed law is the shift in accountability.
The provision, if passed, holds individuals responsible for the outcomes of their negligence. This sweeping provision has serious implications, including those in professional settings like hospitals, engineering firms, and public transportation, among others.
Under this law, individuals must carry out their duties diligently, knowing that a lapse could potentially lead to someone's death and hefty legal consequences.
Another notable feature of the proposed law is the enhancement of punishment.
The new law augments the penalty for causing death by negligence from a maximum of two years to a maximum of seven years imprisonment, with fines ballooning from 1 lakh to 5 lakh INR. Such an enhancement is designed to act as a deterrent for negligence and drive home the importance of safeguarding lives above all else.
In conclusion, the proposed bill on death by negligence tabled in the Lok Sabha on August 11, 2023, is a significant step toward ensuring a safer society by encouraging a culture of responsibility and respect for life.
It is a much-needed amendment that has the potential to drive significant shifts in how duties are carried out and how seriously negligence could be punishable by law.
