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Suppose some man negligently (NOT INTENTIONALLY) gives a table spoon of some poisonous liquid to drink his 4 year old son assuming it a cough syrup.Later that 4 year old child DIES because of it.
Bottle of cough syrup was quite similar with the outlook of bottle of that poisonous liquid.That man did not read the label outside the bottle negligently.
What punishment by law can be given to such negligent act of that kind of father?(India)

2007-06-18 08:31:17 · 2 answers · asked by Anonymous in Politics & Government Law & Ethics

2 answers

Such a case is clearly covered under section 304A of the Indian Penal Code which provides Causing death by negligence.--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. Since it is clear that when ever any medicine is to be administered to any person one is supposed to check the name & date of expiry of the medicine, here the father failed to do take such precautions diligently & administered poison to his son without checking the name of the medicine on the label outside the bottle that amounts to rash & negligence not amounting to culpable homicide, but act which caused death of his son hence provisions of section 304A IPC apply in such a case.

2007-06-18 14:25:02 · answer #1 · answered by vijay m Indian Lawyer 7 · 1 0

I don't know the laws in India but here in America it is called manslaughter when you accidentally kill someone. It is still punishable by law but not as extreme. It will probably be looked at like he should have been responsible enough to at least read the label before giving it to the kid. Or maybe some kind of negligence charge of the sort.

2007-06-18 16:04:45 · answer #2 · answered by Erica D 2 · 0 0

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