Penal Code, 1860 — Sections 304-A and 285
Section 304-A — Rash or negligent act — Requirement of proximate cause — Cause causans — Intervention of another’s negligence
Held:
For fastening criminal liability under Section 304-A IPC, the death must be the direct or proximate result of the rash or negligent act of the accused.
The negligent act must be the cause causans and not merely the cause sine qua non.
Where death occurs due to the intervening negligence of another person, the accused cannot be held guilty under Section 304-A.
Paras: 20–24, 26–28
Section 304-A — Manager or employer — Absence at scene — Indirect negligence insufficient
The mere fact that the accused allowed burners to be used in the same room where turpentine and varnish were stored, though a negligent act, is not sufficient to hold him guilty under Section 304-A, where the immediate cause of fire was the negligent act of a workman.
Paras: 21–24
Section 304-A — Death must be direct result of accused’s act
The words “causes the death” in Section 304-A require that death must be the direct outcome of the accused’s rash or negligent act and not the result of a chain of circumstances indirectly attributable to him.
Paras: 22–24, 27
Section 285 — Fire or combustible matter — Negligent omission — Meaning of “probable danger”
Under Section 285 IPC, it is sufficient if the accused knowingly or negligently omits to take such order with fire or combustible matter in his possession as is sufficient to guard against probable danger to human life.
The term “probable danger” does not mean certainty of accident.
Paras: 31–35
Section 285 — Breach of licence conditions — Naked fire near combustible substances
Lighting naked fire in proximity to turpentine and varnish in breach of the general and special conditions of municipal licence constitutes negligent omission sufficient to attract Section 285 IPC.
Paras: 32–34
Section 285 — Previous absence of accident — Irrelevant
The fact that no accident had occurred earlier under similar working conditions does not establish absence of probable danger to human life.
Paras: 35–36
Distinction between Sections 304-A and 285 IPC
Section 304-A requires proof of direct causal connection between negligence and death.
Section 285 is attracted where there is negligent handling or omission involving fire or combustible matter creating probable danger, irrespective of whether such danger actually resulted in death.
Paras: 28–37
Sentence — Maximum punishment justified
Considering that seven human lives were lost, imposition of maximum sentence under Section 285 IPC cannot be said to be harsh.
Para: 38
ANALYSIS OF FACTS
Undisputed factual background
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The appellant was the manager and working partner of a factory manufacturing paints and varnish.
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The factory was licensed only for cold process manufacture.
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The appellant converted the process to wet paints involving heating, without licence.
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Four burners were installed for heating rosin or bitumen.
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Turpentine and varnish — highly combustible materials — were stored 8–10 feet away.
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On 20 April 1962, while turpentine was being poured into heated rosin, froth overflowed.
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Because of heat, nearby turpentine and varnish caught fire.
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Seven workers working in a loft were burnt to death.
Immediate cause of fire
The Court found that:
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Turpentine was poured too early
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The rosin had not cooled sufficiently
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Turpentine was added too rapidly
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The act was done hurriedly at closing time
This negligence was attributed not to the appellant, but to the worker Hatim Tasduq.
ANALYSIS OF LAW
I. Section 304-A IPC
Statutory requirement
“Whoever causes the death of any person by doing any rash or negligent act…”
The Court emphasized that:
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The section requires causing of death
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Death must be the direct or proximate result
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There must be no intervention of another’s negligence
Proximate cause doctrine applied
The Court adopted the classic principle laid down in:
Emperor v. Omkar Rampratap (1902) IV Bom LR 679
“The act must be the proximate and efficient cause…
It must be the cause causans and not merely the cause sine qua non.”
Application to facts
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The appellant’s act of allowing burners in the same room was only an indirect circumstance.
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The direct and proximate cause was:
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premature addition of turpentine,
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excessive temperature,
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negligent handling by the worker.
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Therefore:
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The appellant’s negligence was not the immediate cause of death.
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Section 304-A was held not attracted.
II. Section 285 IPC
Statutory ingredients
Section 285 is attracted where a person:
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Has fire or combustible matter in his possession; and
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Knowingly or negligently omits to take proper order; and
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Such omission is insufficient to guard against probable danger to human life.
Findings of the Court
The Court found:
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The appellant had no licence for wet paint manufacture.
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Fire was lighted contrary to general licence conditions.
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Naked fire was used in violation of special conditions.
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Combustible materials were stored within 8–10 feet.
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Turpentine has a very low flash point (76°–110°F).
Meaning of “probable danger”
The Court clarified:
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“Probable danger” does not require inevitability.
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Continuous absence of accident in the past is irrelevant.
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Naked flame near turpentine is inherently dangerous.
Conclusion under Section 285
The appellant:
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knowingly violated licence conditions; or
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at least negligently omitted necessary precautions.
Hence:
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All ingredients of Section 285 stood fully satisfied.
RATIO DECIDENDI
1. Section 304-A IPC
For an offence under Section 304-A IPC, the rash or negligent act of the accused must be the direct and proximate cause of death, and not merely a remote or indirect cause; where death occurs due to the intervening negligence of another person, criminal liability under Section 304-A does not arise.
2. Section 285 IPC
A person is guilty under Section 285 IPC if he knowingly or negligently omits to take proper precautions with fire or combustible matter in his possession so as to guard against probable danger to human life, and proof of previous absence of accidents does not negate such probability.
FINAL HOLDING
| Provision | Result |
|---|---|
| Section 304-A IPC | Conviction set aside |
| Section 285 IPC | Conviction affirmed |
| Sentence | Six months rigorous imprisonment upheld |
LEGAL SIGNIFICANCE
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Leading authority on proximate cause under Section 304-A IPC
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Authoritative distinction between civil negligence and criminal negligence
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Establishes that employer liability for death requires direct causal link
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Landmark interpretation of “probable danger” under Section 285 IPC
