Section 304 Part II and Section 338 of Indian Penal Code are mutually exclusive: Supreme Court

The Supreme Court of India clarified that Section 304 Part II and Section 338 of Indian Penal Code are mutually exclusive and can coexist. A person, responsible for a reckless or rash or negligent act that causes death which he had knowledge as a reasonable man that such act was dangerous enough to lead to some untoward thing and the death was likely to be caused, may be fastened with culpability of homicide not amounting to murder under Section 304 Part II.

There is no incongruity, if simultaneous with the offence under Section 304 Part II, a person who has done an act so rashly or negligently endangering human life or the personal safety of the others and causes grievous hurt to any person is tried for the offence under Section 338 IPC.

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