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. 

S.482 and S.320 of Code of Criminal Procedure, 1973 : The Difference

S.482 and S.320 of Code of Criminal Procedure, 1973 : The Difference 

"Power conferred under Section 482 of the Code of Criminal Procedure, 1973 is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. While deciding whether to exercise its power under Section 482 of the Code or not, timings of settlement play a crucial role." 

Narinder Singh v. State of Punjab [2014] GCtR 2592 (SC) reiterated by Hon'ble J. Sunil Gaur in Satyam Kaushik v. State [2015] GCtR 5198 (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.