CPC Law: Abolish or Amend Section 304A IPC?
cpc cuet_pg advanced discussionI strongly believe Section 304A IPC should be repealed. My internship experience showed how often it's misused for revenge. In the case of Mohan Singh vs State of Punjab (1990), the Supreme Court stated it's not a strict liability section, but in reality, many judges use it as a default section. It's used to award lower sentences to guilty parties, like in the Shafhi Mohammad case (2018), where the accused was convicted under 304A despite evidence showing he was aware of the child's age. I don't think it encourages responsible behaviour or is in sync with modern justice. What's your take on it?
3 Comments
Yeh article bahut interesting hai! Lekin yeh baat clear nahi hai ki Section 304A IPC ka matlab kya. Toh, yeh clarify karna zaroori hai ki Section 304A IPC woh criminal negligence ka offence hai jiska punishment kuch saari states mein up to 2 saal ke liye ho sakta hai. Yeh section vishesh rup se dowry-related offences ke liye use hua jata hai.
Main to aapko agree karta hoon ki 304A IPC ko abolish ya amend karna chahiye. Yeh section mahilayein aati hain aur unki zindagi ko aur bhi kathin banata hai. Maine apne studies mein padha hai ki yeh section 2011 mein tabdiil kiya tha, lekin uske baad bhi ismein koi change nahin hua hai. Ise amend karke mahilayein ko nijat milegi.
Dude, I completely agree that Sec 304A IPC needs a serious overhaul. It's outdated and does more harm than good. I mean, who comes up with these weird distinctions between 'rashness' and 'culpable homicide'? It's time to revisit and reform this Act to make it more just and practical. Let's make law more people-friendly, not just lawyer-friendly.