 bill no 229 of  2016 the criminal law (amendment) bill, 2016 byshri dushyant chautala, mpa billfurther to amend the indian penal code, 1860 and the code of criminal procedure, 1973be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—2 of 1974amendment of the first schedule3 in the first schedule to the code of criminal procedure,1973, under the heading"i- offences under the indian penal code", for the entries relating to section 304a, the following entries shall be substituted, namely:—| 1         | 2               | 3            | 4          | 5            | 6          ||-----------|-----------------|--------------|------------|--------------|------------|| 5         |                 |              |            |              |            || " 304a    | causing         | imprisonment | cognizable | non-bailable | magistrate || death by  | for 5 years, or | of the first |            |              |            || rash or   | fine, or both  | class"     |            |              |            || negligent |                 |              |            |              |            || act      |                 |              |            |              |            | statement of objects and reasonsnegligence in criminal terms refers to such a degree which is so extreme in nature that it constitutes an offence similarly death caused by an act without an intention of causing death is said to be a negligent act or death caused by negligence but whenever there is negligence in one's commission or omission, there is a lack of caution when this lack of caution on one's part is so grave that it causes the death of another, the caution free mind is not free from the realm of mens reaan act lacking caution in itself is done with the knowledge that there is a lack of caution the doer may not be well aware of the consequences of his act but is very much aware of the amount of caution he is lacking while doing an act a person being aware of the amount of caution lacking on his part automatically makes him aware of the dangerous consequences that may result in due to such lack the act of negligence becomes so grave when it causes death of a person therefore, it is perhaps not wrong to say that the doer was aware of the lack of caution in his act and hence aware of the dangerous consequences of such lacking thus even without having any intention to cause homicide, the doer opts for a game of probability where there is a chance of death being caused this small probability is all that requires to cause death in certain cases this lack of caution cannot be held as a minor mistake on the part of the doer since he himself creates the opportunity for death to causesection 304a of the indian penal code provides for punishment for causing death by rash or negligent act, which is two years and is bailable in nature taking account of the recent cases wherein innocent lives were lost due to rash and negligent attitude of drivers, it is imperative that a deterrent by way of law should be created hence in no case this offence should be non-compoundable in nature and no bail should be granted to the accusedmoreover, the two years imprisonment may be taken undue advantage of by professional criminals who kill intentionally and try to fit their case within the realm of section 304a if the punishment is increased from two to five years, there shall be a deterrent effect on those who seem to take lives of others in a casual mannerthe bill, therefore, accordingly seeks to amend section 304a of the indian penal code,1860 and the first schedule to the code of criminal procedure, 1973hence this billnew delhi;dushyant chautalajuly 6, 2016 annexureextract from the indian penal code, 1860(no 45 of 1860)   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 extent to two years, or with fine, or with both    extract from the code of criminal procedure, 1973[2 of 1974]    chapter xvi— offences affecting the human body| 1         | 2               | 3            | 4          | 5        | 6          ||-----------|-----------------|--------------|------------|----------|------------|| "304a     | causing         | imprisonment | cognizable | bailable | magistrate || death by  | for 2 years, or | of the first |            |          |            || rash or   | fine, or both  | class"      |            |          |            || negligent |                 |              |            |          |            || act      |                 |              |            |          |            ||          |                |             |           |          |            | lok  sabha———— a billfurther to amend the indian penal code, 1860 and the code of criminal procedure, 1973————(shri dushyant chautala, mp)gmgipmrnd—2629ls(s3)—30-09-2016