Criminal Law – Section 304A IPC – Causing Death by Negligence – Rash or Negligent Act – Foreseeability – Liability of Contractor.
2025 KER 43245 : 2025 (6) KLR 115 : 2025 (4) KLT 5
High Court of Kerala
Coram: V.G. Arun, J.
Crl.M.C. No. 314 of 2025Decided on: June 11, 2025
Facts: The petitioner, the first accused, was awarded a contract for tress work at Manalur Family Health Centre. The plumbing work was subcontracted to the second accused, under whom the deceased worker, Akhil, was employed. On June 10, 2023, Akhil accidentally touched an 11 KV electric line while working on the roof, suffered an electric shock, fell, and died. The petitioner was charged under Section 304A read with Section 34 of the IPC for causing death by negligence.
Issue: Whether the petitioner, as the primary contractor, could be held liable under Section 304A IPC for the death caused by the worker’s accidental contact with a live electric wire during plumbing work subcontracted to another party.
Held: The Court quashed the proceedings against the petitioner, holding that the petitioner could not be attributed with rashness or negligence under Section 304A IPC. The death was not a direct or proximate result of any act by the petitioner. The harm caused by the proximity of live electric wires was not foreseeable, and the incident occurred due to the worker’s accidental contact during plumbing work entrusted to the second accused. The petitioner’s role was limited to accepting the contract, which followed prescribed procedures, and no criminality could be attributed to this act.
Key Observations:
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Criminal negligence under Section 304A IPC requires gross and culpable neglect or failure to exercise reasonable care, resulting in death as a direct or proximate consequence of the accused’s act.
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The petitioner’s entrustment of plumbing work to a subcontractor and the unforeseeable nature of the electric wire hazard absolved the petitioner of liability.
Disposition: Criminal Miscellaneous Case allowed; final report and proceedings against the petitioner in C.C. No. 483 of 2024 quashed.
For Petitioner : |
For Respondent: |
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Adv. K.K. Dheerendra Krishnan |
Adv. N.P. Asha
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 Adv. Pushpalatha M.K. (Sr. Government Pleader) K/172/1991 9447907726 |
