• Accident at construction site

we are working in road construction company, but few day ago happens an accident of road user at our construction zone by hitting our safety barricades & fall in deep excavation with their self car, both person has been death in this accident.
so please advice us what may be further as per ipc-304 (a)
Asked 3 years ago in Civil Law from Nirmal, Telangana
1) you had placed safety barriers to barricade the construction site . 

2)road user must have been driving rashly and hence broke the safety barriers and fell into deep pit and died

3) police must have recorded your statements . 

4) has FIR been lodged under section 304 (a) 

5) section 304 ( a) deals with causing death by negligence and is punishable with imprisonment upto  2 years or fin e

6) it has to be proved that death arose on account of your negligence . if safety barricades are in place  and you had taken precautions necessary while carrying on construction work  it would be difficult to prove negligence under section 304 a) of IPC 
Ajay Sethi
Advocate, Mumbai
44379 Answers
2577 Consultations

5.0 on 5.0

Has any case been registered against u under section 304[a]. Any FIR yet registered? If that had been done the police Will record the statements of the persons present at the spot as regards the safety barricades or t the safety provisions made by you. It is to be proved that you at your end has employed all the safety measures required hence you could not be prosecuted for the offence.
Shaveta Sanghi
Advocate, Chandigarh
847 Answers
63 Consultations

5.0 on 5.0

1. If a case has been registered against you under 304A you have no option but to defend yourself.

2. The first thing you should do is to immediately seek bail.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

Whether the persons travelling in the car died due to the rash and negligent driving of the driver of the car?, if so only the car drive is held responsible. 
Have your company followed the proper safety precautions by erecting the red flags and notice boards cautioning people who pass by about the construction work in progress, if so it will be the fault of the car driver alone, so nothing to worry even if there is a case u/s 304a against the company. 
T Kalaiselvan
Advocate, Vellore
34540 Answers
372 Consultations

5.0 on 5.0

1. The query is not clear,

2. Have you been charged with section 304(a) of IPC?

3. The charge is for causing death by rash and negligent act,

4. How your act got connected to the said death?

5. However, the accused should aplly for and avail AB and contest the case fittingly to defend himself.
Krishna Kishore Ganguly
Advocate, Kolkata
18161 Answers
438 Consultations

5.0 on 5.0

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