- Apprentice Lawyer
- Legal Jobs
Barely a week after the horrific accident that claimed two lives, there is some inkling as to what Janhavi Gadkar’s legal defence is likely to be. The lawyer, employed as Vice President (Legal) at Reliance Industries, has been charged with the offence of culpable homicide not amounting to murder (S. 304 of the IPC) as per this Times of India report.
This section carries a maximum punishment of life imprisonment provided there was some intention to cause death. It appears that the police have charged her with the lesser offence under S. 304, i.e. that of lacking an intention to cause death. Under this lesser offence, the punishment is a maximum of ten years imprisonment or a fine or both.
The same report goes on to quote Gadkar’s lawyer Mahesh Sabnis stating that, instead, this is a case where S.304A applies, i.e. death due to negligence. Unlike the offence of culpable homicide, death due to negligence carries a punishment of two years imprisonment or a fine or both.
What the law says
Gadkar’s defence was revealed when she filed a bail application, which will be heard tomorrow. The bail is being opposed by both the police as well as the victims, who have filed an intervention application before the magistrate’s court.
The bail plea rests on the ground that there is no threat of tampering with evidence, nor would the investigation be affected in any way should Gadkar be granted bail.