It is already known that the Indian law of torts is based on the English common law. Thus, the law relating to negligence is adopted and modified by the courts of India on the principles of justice, equity and good conscience. The term Negligence is derived from the Latin word negligent, which means ‘failing to pick up’. In the general sense, the term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer as a reasonable man should have exercised in a particular situation. Negligence in English law emerged as an independent cause of action only in the 18th century. Similarly in Indian law, the IPC, 1860 contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting section 304A.

It can be characterized in three forms-

Nonfeasance: It means the act of failure to do something which a person should have done. For example, failure to carry out the repairs of an old building when it should have been done.

Misfeasance: It means the act of not doing an action properly when it should have been done properly. For example, Doing the repairs of an old building but doing so by using very poor quality materials creating a major probability of a collapse which injures people.

Malfeasance: It means the act of doing something which should not have been done in the first place itself. For example, using products that are not allowed and combustible to carry out the repairs of an old building, therefore, converting the building into a firetrap leading to an accident.

1. No fault liability means liability of a person even without any negligent act on his part and even if he has taken due care and caution. 2. If a person brings and keeps any dangerous thing on his land, then he is liable for any damage caused if the thing escapes. 3. No one can be penalized for an Act of God which is unforeseeable and unpredictable.

The Indian Penal Code covers culpability of negligence under various provisions. Though causing death by negligence is covered under section 304A, there are many other acts committed with negligence which are considered as offences under the Code. The following are the provisions which considers criminal negligence-

Section 129-This provision is under Chapter VI which deals with the offences against the State. The provision covers the negligent act of the public servant in causing the escape of a prisoner. The prisoner under this provision shall be a State prisoner or prisoner of war. The public servant who commits such negligent act shall be punished under this provision with simple imprisonment for a term which may extend to 3 years and shall also be liable to fine. Therefore, the public servant is criminally liable for his negligent act.

Section 223- This provision is covered under Chapter XI which deals with the offences of false evidence and offences against public justice. The provision imposes criminal liability on the public servant who is negligent in conducting his duty specified in the provision. Under this provision, the public servant who was legally bound to keep in confinement any person charged or convicted must have caused the escape of such person negligently. This provision covers all prisoners except those specific prisoners who are covered under Section 129 of IPC.

Section 225A- This provision criminalises the omission of legally bound duty by the public servant who omits such duty to apprehend or causes sufferance of escape. The provision considers both the intentional omission and omission caused by negligence. Therefore, the public servant is liable even if the omission of duty under this provision has occurred by negligence.