Mere Lack Of Care Not Enough To Attract Criminal Liability U/S 304A IPC; Mens Rea Required: Delhi High Court
The Delhi High Court has held that mere lack of care is not sufficient to attract the offence of causing death by negligence under Section 304A of IPC and mens rea is an important element to invite culpability.Justice Amit Mahajan thus granted relief to the owner of a de-addiction centre, booked for the death of an inmate at the hands of his employee.Petitioner-owner was summoned six years...
The Delhi High Court has held that mere lack of care is not sufficient to attract the offence of causing death by negligence under Section 304A of IPC and mens rea is an important element to invite culpability.
Justice Amit Mahajan thus granted relief to the owner of a de-addiction centre, booked for the death of an inmate at the hands of his employee.
Petitioner-owner was summoned six years after the incident, based on a supplementary chargesheet. He moved the High Court stating that he was not even present at the premises when the fateful incident occurred.
The victim's family however argued that the Petitioner ought to be charged as he failed to take sufficient care and was negligent in not ensuring that the admitted patients are not beaten.
The High Court observed that the summoning order was “abysmally bereft of any cogent reasoning” as to how a prima facie case is made out against the Petitioner, apart from his ownership of the premises and the main accused being a caretaker under his employment.
It conceded that the Trial Court is not required to undertake a meticulous mini trial at stage of framing charges but, it added that the Trial Court ought to sift through the material on record. In the case at hand, the Trial Court had “simply observed” that the allegations are direct and specific.
“Although it cannot be denied that as the owner of the establishment, the petitioner owed some duty of care towards the patients at the centre, however, in the opinion of this Court, the same cannot render him liable for the offence under Section 304A of the IPC in the present circumstances merely on account of ownership of premises,” said the Court.
It added that no grave suspicion was raised that the death of the victim was caused on account of any “gross negligence” on part of the petitioner.
“The facts of the case fall abysmally short of establishing a prima facie case of any gross negligence…Lack of care alone is insufficient to render the petitioner culpable for the offence under Section 304A of the IPC as mens rea is a crucial element to invite such culpability,” the Court said and allowed the plea.
Appearance: For the Petitioner : Mr. Imran Ali & Ms. Misha, Advs. For the Respondent : Mr. Raj Kumar, APP for the State SI Yashveer Sharma, PS- Govindpuri
Case title: Om Prakash v. State
Citation: 2025 LiveLaw (Del) 1548
Case no.: CRL.REV.P. 250/2025