BENGALURU: Referring to Sunday’s tragedy wherein a woman and her toddler daughter were electrocuted on coming in contact with a live wire on a footpath near Hope Farm Junction, legal experts have suggested that the BESCOM officials should be charged under IPC Section 304 (culpable homicide), rather than Section 304A of the IPC booked against them, as it implies a lack of intent.
On Sunday, a 23-year-old woman and her nine-month-old baby were electrocuted, while walking on a footpath near Hope Farm Junction. The Kadugodi police registered a case under IPC Section 304A (causing death by negligence), against five BESCOM officials.
Family members and citizens are calling for the case to be registered under Section 302 (murder), emphasising the gravity of the incident, as a deliberate act leading to the death of two people.
Further, the release of the accused on station bail, after completing arrest formalities has led to outrage among netizens. Experts, however, said it cannot be done due to the absence of premeditation in the act. The case of murder cannot be registered, Poorna Ravishankar, an advocate, told TNIE, adding that there was no premeditated intent to kill.
Umapathi S, another advocate, argued that officials should be charged under Section 304 for culpable homicide, asserting that negligence was a deliberate act. He suggested that the current charges under 304A against the lower officers might be an attempt to shield higher-ranking officials, who could have ensured that safety measures were in place.
Section 304 is suggested as it implies a higher degree of culpability than Section 304A, reflecting a deliberate act leading to death, the expert added. While the maximum punishment under Section 304A is two years, one can be imprisoned for 10 years under Section 304 of the IPC. Also, those booked for culpable homicide cannot be released on station bail and only the court can release them on bail.