SENTENCING DISPARITY U/S 304 I OF IPC: AN ANALYSIS OF DELHI AND MADRAS HIGH COURT
DOI:
https://doi.org/10.29121/shodhkosh.v5.i6.2024.2757Abstract [English]
If an offence u/s 300 is established and it does not fall under any of the exceptions then the offence committed will be culpable homicide amounting to murder. If it falls under any of the exception it will come under s 304. In this section two kinds of punishment can be awarded under two different circumstances. These are:
i) If the act by which death is caused is done with intention of causing death or such bodily injury as is likely to cause death then it will fall u/s 304 I
ii) If the act is done with knowledge that it is likely to cause death but without any intention to cause death or such bodily injury as is likely to cause death then it will come u/s 304 II.
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