 bill no 159   of  2015 the indian penal code (amendment) bill, 2015 by shri jagdambika pal, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—45 of 18602 in the indian penal code, 1860, for section 304a, the following sections shall be substituted, namely:—substitution of new sections for section 304a causing death by rash act"304a whoever causes the death of any person by doing any rash act not amountingto culpable homicide, shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both5causing death by negligent act304aa whoever causes the death of any person by doing any negligent act notamounting to culpable homicide, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both" statement of objects and reasonssection 304a of the indian penal code, 1860 was inserted to cover the cases where there is no intention to cause death and also where the accused has no knowledge that act done by him would probably cause death the hon'ble supreme court in its judgment in the case of kurban hussain mohammadeli bangwala v state of maharashtra 1965 (2) scr622, has stated that section 304a of the indian penal code, 1860 is applicable only where the death has a direct nexus to the rash and negligent act of the accused it is noteworthy to mention that the section uses the word "or" between the words "rash" and "negligent" as against the use of word "and" as suggested in the draft penal code thus, either of the two acts ie "rashness" or "negligence" needs to be satisfied in order to convict an accused under section 304a therefore, a distinction needs to be made between the punishment for rash act and for negligent acta rash act is primarily an over hasty act, as opposed to a deliberate act it refers to doing an act with risk of certain unwanted harmful consequences but with the hope that they will not happen on the other hand, negligence is breach of duty imposed by law criminal negligence is gross and culpable but an inadvertent action as compared to the former category rash acts are not completely unpremeditated like the acts committed under negligence therefore, a distinction between the two acts requires distinct punishment as wellhence this billnew delhi;jagdambika palapril 9, 2015 annexureextract from the indian penal code, 1860(45 of 1860)causing death by negligence304a 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———— a billfurther to amend the indian penal code, 1860————(shri jagdambika pal, mp)gmgipmrnd—1185ls(s3)—14-07-2015