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They were booked under Section 304A of the Indian Penal Code (IPC) on criminal negligence. The enquiry was headed by an officer of the rank of Additional Superintendent of Police. [ 4 ] The investigations also revealed that the stampede was on account of the narrow staircase that was just 2.5 ft (0.76 m) wide and served as the only passage. [ 5 ]
The Indian Penal Code (IPC) was the official criminal code in the Republic of India, inherited from British India after independence, until it was repealed and replaced by Bharatiya Nyaya Sanhita (BNS) in December 2023, which came into effect on 1 July 2024.
Similarly, while criminal libel in UK was abolished in 2010, [34] both slander and libel remain criminal offences in India and other jurisdictions applying versions of the Indian Penal Code. [35] Consequently, individuals liable for defamation in India are subject not just to damages under tort law but also to imprisonment under criminal law. [36]
The other seven accused, three former Uphaar cinema managers, the cinema's gatekeeper and three DVB officials, were all given seven years' rigorous imprisonment, under Section 304-A (causing death by negligence) of the Indian Penal Code (IPC), and housed at the Tihar Jail.
In criminal law, criminal negligence is an offence that involves a breach of an objective standard of behaviour expected of a defendant. It may be contrasted with strictly liable offences, which do not consider states of mind in determining criminal liability, or offenses that requires mens rea , a mental state of guilt.
Comparative negligence has been criticised as allowing a plaintiff who is recklessly 95% negligent to recover 5% of the damages from the defendant. Economists have further criticised comparative negligence as not encouraging precaution under the calculus of negligence. In response, many states now have a 50% rule where the plaintiff recovers ...
In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).
Under §299 [3] of the Indian Penal Code (IPC), "[...committer of] Culpable homicide" is defined as "Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of ...