Court Rules Mere Ownership Insufficient for Criminal Liability Without Proof of Rash or Negligent Act
In a significant judgment delivered by Justice Saurabh Srivastava of the Allahabad High Court, the criminal proceedings against Avdhesh Singh, a landlord accused under Section 106 of the Bharatiya Nyaya Sanhita (BNSS), 2023, for the accidental death of his tenant were quashed. The tenant, a young student preparing for the IIT examination, tragically died due to alleged carbon monoxide poisoning from a gas geyser installed in the bathroom of the rented premises.
The case arose when the tenant's father lodged an FIR alleging that the gas geyser emitted carbon monoxide in a poorly ventilated bathroom, leading to the tenant's death. Following investigation, a chargesheet was filed against Avdhesh Singh under Section 106 BNSS, which deals with rash or negligent acts causing death.
Upon hearing the case, the Court emphasized that mere ownership of the premises cannot attract vicarious criminal liability unless there is prima facie evidence of a rash or negligent act attributable to the landlord. The Court observed that no specific act of gross negligence was proven against the landlord. There was no evidence that the landlord installed the geyser violating safety norms, knew of any defect, or ignored any complaints regarding the hazardous condition. Furthermore, the tenant had been residing for about eight months without any complaints communicated to the landlord.
The Court held that the prosecution must establish a direct and proximate nexus between the landlord's rash or negligent act and the death. In absence of such evidence, criminal proceedings based on conjecture amount to abuse of process. The judgment underscores the principle that criminal liability cannot be imposed solely on the basis of ownership without concrete proof of negligence.
Consequently, the Court quashed the chargesheet, cognizance order, and all pending criminal proceedings in Case Crime No. 06 of 2025 at P.S. Kakadev, Kanpur Nagar.
This ruling provides clarity on the scope of criminal liability under the new BNSS, 2023, reinforcing the requirement of specific negligent conduct rather than mere ownership or presence of hazardous conditions for prosecuting such cases.
Bottom Line:
Mere ownership of premises does not create vicarious criminal liability for accidental death unless a specific rash or negligent act or omission can be legally attributed to the owner.
Statutory provision(s): Section 106, Bharatiya Nyaya Sanhita (BNSS), 2023
Avdhesh Singh v. State of U.P., (Allahabad) : Law Finder Doc Id # 2974545
