• Dam gets destroyed due to negligence

A dam bursts due to some technical problem and lots of people and property are destroyed and if it is found that the contractor is responsible not because he had used faulty materials but he failed to do some work which may have caused the failure of the dam ,it could be said due to his negligence it happened ,what charges can be framed against the contractor and how much jail term are we looking at thank you
Asked 4 years ago in Criminal Law
Religion: Hindu

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6 Answers

Case can be filed against you under section 304A IPC

2) In Emperor v. Omkar Rampratap and another -

1902 BLR (IV) 679, in similar circumstances when some workers died while working in the premises of the contractor, which he had hired, due to the alleged rash and negligent act on the part of the accused persons for which they were charged for offences under Section 304 A IPC, it was observed:

"To impose criminal liability on the accused it is necessary that the death should have been the direct result of a rash and negligent act of the accused and that act must have been the proximate and efficient cause without the intervention of another negligence. It must have been the causa causans; it is not enough that it may have been the causa sine qua non."

3) This judgment is being consistently followed by various High Courts.

4) In State of Maharashtra v. V. Govind Salalsure and others - 1991 (2) Cri. LC 623 where workers were doing the work of repairing the well owned by one of the accused persons, the well collapsed and 13 workers were trapped in debris and died on the spot and about 8 workers received injuries in the incident and the owner of the well was not present at the time of the accident and there was no evidence to show that the work was being carried out with the consent or knowledge of the accused, it was held that merely because large number of persons died the accused could not be punished as there is no presumption in favour of the prosecution that accidental death is caused by rash and negligent act.

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

IPC 337 and 338. Causing grievous hurt by act endangering life or personal safety of others.-- Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

He will booked u/s 304 of IPC - culpable homicide not amounting to murder.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You have to pay the compensation which will be the discretion of the court.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

The contractor shall be liable for negligence under the indian penal code and shall be punished and shall have to pay for compensation for damages.

Further if there can be charges of corruption along with the engineer from government who passed such dam if such lapses of corruption found.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In a result of nature's fury, how can the contractor be held responsible.

Whether the technical defect has been discovered and whether the contractor has been found to be guilty of this problem?

If so, then the contractor may be served with the legal notice and then drag him to court including a consumer forum.

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

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