CAUSING
DEATH BY RASH OR NEGLIGENCE ACT
It relates to cases where the homicide
is caused by negligence. It does not apply to cases where the death has arisen,
not from the negligent or rash mode of doing the act, but from some result supervening
upon the act which could not have been anticipated. Under this section rash or
negligent act must be the direct or proximate cause of death. The two essential
elements are:
1) Rash or negligent act,
2) Not amounting to culpable homicide. RASH
OR NEGLIGENT ACT If the death results from injury intentionally inflicted
this section does not apply. Death should have been the direct result of the rash
and negligent act and that act must be the proximate and efficient cause without
the intervention of another's negligence. Criminal rashness
is hazarding a dangerous or wanton act with the knowledge that it is so, and that
it may cause injury, or knowledge that injury will probably be caused. Criminal
negligence is acting without the consciousness that the illegal and mischievous
effect will follow but in circumstances, which show that the actor has not exercised
the caution incumbent upon him and that if he had he would have had the consciousness. NOT
AMOUNTING TO CULPABLE HOMICIDE The rash or negligent act which is declared
to be a crime is one not amounting to culpable homicide, and it must be therefore
be taken that intentionally or knowingly inflicted violence, directly and willfully
caused, is excluded. PUNISHMENT
Whoever causes death by doing
any rash or negligent act shall be punished with imprisonment, which may extend
to two years, or fine, or with both.
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