Remedy for negligence

Author Topic: Remedy for negligence  (Read 1247 times)

Offline abduarif

  • Sr. Member
  • ****
  • Posts: 251
  • Test
    • View Profile
Remedy for negligence
« on: January 16, 2015, 11:36:13 AM »
Juris Desk

Negligence means any conduct that falls below the standards of behaviour established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.

In Bangladesh, various negligent conducts have been criminalised through the Penal Code 1860. Here is a brief overview of the provisions related to negligent conducts:

Negligent conduct with respect to poisonous substance

According to Section 284 of the Penal Code 1860, if any person does any act with any poisonous substance so negligently that it endangers human life, or to be likely to cause hurt or injury to any other person, that person shall be punished with imprisonment for a term which may extend to six months, or with fine, which may extend to Tk1,000, or with both.

If any person knowingly or negligently omits to take due care while dealing with any poisonous substance in his possession to guard against probable danger to human life from such poisonous substance, that person shall be punished with the same punishment.

Negligent conduct with respect to fire or combustible matter

Section 285 of the Penal Code says if any person does any act with fire or any combustible matter so negligently that it endangers human life, or to be likely to cause hurt or injury to any other person, that person shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to Tk1,000, or with both.

If any person knowingly or negligently omits to take necessary measures while dealing with any fire or any combustible matter in his possession to guard against any probable danger to human life from such fire or combustible matter, that person shall be punished with the same punishment.

Negligent conduct with respect to explosive substance

According to Section 286, if any person does any act with any explosive substance so negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such necessary measures to guard against any probable danger to human life from such substance, that person shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to Tk1,000, or with both.

Negligent conduct with respect to machinery

Section 287 says if any person does any act with any machinery so negligently that it puts human life in danger or to be likely to cause hurt or injury to any other person, that person shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to Tk1,000, or with both.

Negligent conduct with respect to pulling down or repairing buildings

Section 288 provides that if any person while pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to Tk1,000, or with both.

Negligent conduct with respect to animals

Section 289 maintains that if any person knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, that person shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to Tk1,000, or with both.

See more at: http://www.dhakatribune.com/juris/2015/jan/15/remedy-negligence#sthash.ycNYH8Oz.dpuf
Abdullah Al Arif
Lecturer
Department of Law
Daffodil International University
Dhaka, Bangladesh

Offline Talukdar Rasel Mahmud

  • Jr. Member
  • **
  • Posts: 65
  • Test
    • View Profile
Re: Remedy for negligence
« Reply #1 on: April 08, 2015, 04:00:26 PM »
Informative write up....but I think the punishment(fine) for negligence under Penal Code is inadequate. So, it should be amended & the amount of fine should be up to date. :)
Talukdar Rasel Mahmud
Lecturer, Department of Law
Daffodil International University (DIU)
Contact No:+88 01719 479603.