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Law Com for raising of minimum punishment under section 304-A

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Press Trust of India New Delhi
Last Updated : Jan 24 2013 | 2:10 AM IST

In a consultation on 'man-made disasters' floated by it, the Commission has said that the minimum jail term from the present two years should be enhanced to "five years or more".

"The punishment prescribed by section 304-A for causing death by a rash or negligent act is only two years... Even if the rash and negligent act is of such a magnitude that it results in mass deaths, the maximum punishment is only two years... Recently this section was applied by the Sessions Judge in convicting the officials of Union Carbide Corporation for the mass fatalities... So also in Uphaar Cinema case...," the paper said.

While seeking public opinion on the issue, the panel said quite often in cases of mass death, prosecution seeks to invoke second part of Section 304 for higher sentencing: imprisonment up to 10 years.

"But whether section 304 can at all be invoked in law in such cases is in the realm of doubt. To obviate this problem, it is high time that the punishment under section 304 A is appropriately enhanced to 5 years or more," it said.

At present, the victims of man-made disasters and the legal representatives of the deceased victims are entitled to relief under more than one statute.

It said, where substantial loss of life or human suffering results from accidents arising from natural or man-made causes, the claimants should be eligible to get cash relief and medical assistance as an immediate palliative from funds constituted under the Disaster Management Act.

"... Doubts if any in this regard should be dispelled by suitable amendment or clarification issued by the central government," it suggested.

  

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First Published: Sep 10 2012 | 9:25 PM IST

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