When Does "Negligent Act" Becomes an "Offence" /"Crime" : Explained in a Landmark Decision

 When Does Negligent Act Becomes an Offence : Explained in a Landmark Decision

After referring a previous decision it was pointed out by Hon'ble J. Vibhu Bakhru at page 12, paragraph 20 that "for a negligent act to constitute an offence, under Section 304A of the IPC, 1860, the same should be gross negligence and an element of mens rea must be shown to exist."

Babu Khan v. State [2019] GCtR 5202 (Delhi)

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters/blogs without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made by the violator. All disputes shall be subject to Delhi Jurisdiction. Reproduction of judgment or publication of judgment unless expressly prohibited by Court according is not an infringement of copyright according to S. 52 (1)(q)(iv) of Copyright Act, 1957. This is not to be considered as any professional legal advice and does not constitute client-attorney relationship. 

Aim of S.482 of Code of Criminal Procedure Highlighted in an Important Judgment

 The Aim of S.482 of Code of Criminal Procedure Highlighted in an Important Judgment

"The incorporation of inherent power under Section 482 is meant to deal with the situation in the absence of express provision of law to secure the ends of justice such as, where the process is abused or misused; where the ends of justice cannot be secured; where the process of law is used for unjust or unlawful object; to avoid the causing of harassment to any person by using the provision of Code of Criminal Procedure or to avoid the delay of the legal process in the delivery of justice."

Hon'ble J. P.S. Teji in Amiya Acharya v. State GNCTD [2016] GCtR 5201 (Delhi). Reference was also made to Narinder Singh v. State of Punjab [2014] GCtR 2592 (SC)

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters/blogs without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made by the violator. All disputes shall be subject to Delhi Jurisdiction. Reproduction of judgment or publication of judgment unless expressly prohibited by Court according is not an infringement of copyright according to S. 52 (1)(q)(iv) of Copyright Act, 1957. This is not to be considered as any professional legal advice and does not constitute client-attorney relationship.