RASH AND

NEGLIGENT ACT
(Section 304A)
 Section 304A
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.
 Important Points
• The actus reus is ‘death’ and the mens rea is the
‘mental attitude of being reckless’.
• Section 304A and Culpable Homicide are mutually
exclusive.
• To take a case into section 304A it has to be first
proved that there was no knowledge (being the least
degree of mens rea in section 299) of the accused that
he is thereby likely to cause death.
• Rashness means taking the risk of a hazardous act
by which there is a possibility that death may be
caused but the accused despite his knowledge of the
risk involved does the act with an indifferent attitude
that he is not concerned with the consequence.
 Important Points Contd.
• He may hope that the consequence is not caused
but he is ready to face the consequence, if the
result actually happens.
• Negligence is a case where the accused had a
duty of care towards the person and he omits to
fulfill that duty with an indifference towards the
consequences.
• In either of the above cases, the accused was not
directly knowing the possibility of causation of
death of a particular victim but he certainly was
aware of the fact that death may be caused if the
circumstances are so created.
 CHERUBIN GREGORY v. STATE OF
BIHAR
(AIR 1965 SC 205)
In this case, the accused was indifferent towards
the consequences i.e. he had a callous attitude as
to whatever happens, he will manage. The
accused acted rashly and he was also negligent.
One has a duty of care towards trespassers also
and if he creates danger in his premises, it is his
duty to put significant notice of the danger
which the accused did not do in the present case.
 S.N. HUSSAIN v. STATE OF
ANDHRA PRADESH
(1972 SC)
The driver acted reasonably and not with a
mental attitude of recklessness. It cannot be
therefore said that he was either rash or
negligent and thus, he shall not be liable
under Section 304A.
Pick the correct statement:
A. Culpable homicide and murder are
mutually exclusive
B. Murder and causing death by
negligence are mutually exclusive
C. Culpable homicide and causing
death by negligence are mutually
exclusive
D. None of the above
Correct Answer
(C)
The mens rea under section
304A is:

A. Recklessness
B. Intention
C. Knowledge
D. All of the above
Correct Answer
(A)