Sections and law point dealing with Judgment on Bhopal Gas Tragedy

Contributed By Dinesh Miglani Advocate

Secretary Legal Point Foundation

In Bhopla Gas Tragedy yesterday a local court held former chairman of UC's India arm, Keshub Mahindra, and six others guilty under bailable sections of the Indian Penal Code and sentenced them to two years in prison. All are being charged under sections 304(A) (death by negligence), 336 (endangering life & safety), 337 (causing hurt) and 338 (grievous hurt). As the prosecutions wants this case to come under Section 304 II of IPC in which the maximum punishment is 10 years. But Supreme Court in 1996 decided that this case come under 304 ( A) because the whole incident was the result of rash and negligent act.
Indian Penal code reads these sections as :
Section 304A. 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.

Section 336. Act endangering life or personal safety of others
Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.
Section 337. Causing hurt by act endangering life or personal safety of others

Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Section 338. Causing grievous hurt by act endangering life or personal safety of others

Whoever causes grievous hurt to any person to doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Section 304. Punishment for culpable homicide not amounting to murder

Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life ,or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death,Or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death ,but without any intention to cause death, or to cause such bodily injury as is likely to cause death.