Convicting people for criminal negligence…

“Do we have courage to convict people in Sub-Inspector Vetrivel’s case? “ is the question i think. I have read through our Indian Penal Code and this is what is relevant. This is regarding the recent incident of Sub Inspector R.Vetrivel who was hacked to death and when nobody including many responsible people helped him soon enough to save his life.

I quote below Sec 304 A and General Explanation no. 32.

######################################################################
General Explanation no. 32. under Chapter II of IPC, 1860

32. Words referring to acts include illegal omissions
In every part of this Code, except where a contrary intention appears from the
context , words which refer to acts done extend also to illegal omissions.
######################################################################
Sec 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.
######################################################################

My personal belief from what little I know is that we can theoretically convict people for criminal negligence leading to death of a person… But…

If only someone has the courage to file an FIR against the responsible people, and if some police station is ready to register the same or if a Magistrate under Sec 200 of the Criminal Procedure Code is ready to take a direct complaint and if a lawyer is ready and if evidences are forthcoming and if an honourable judge or a bench of honourable judges are ready to pronounce a conviction, we can see some light. Else, we remain in this gloomy scenario….

I understand that we, general citizens of the country do not have a direct Locus Standi in this case but I note that possibly Sec 304A of the IPC when read along with ‘General Explanations’ No. 32 under Chapter II of the Indian Penal Code, 1860 as mentioned above are sufficient grounds for convicting the people who showed little responsibility to save the life of the brave officer.

It is very disheartening as a citizen of India and more so as a Tamilian to note such incidents and also see that so many people go scot free despite showing such little respect for a human life and that too a police officer. Reading and seeing such news, I wonder which youth would like to join the police and serve honestly. Respect for the Honourable court and for the Law of the land takes a beating if nothing is done in such cases.

Posted on : 11th Jan 2010.

Jai Hind !!!

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