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In the past fortnight, Yuvraj died by drowning in an unprotected Noida trench. Then this week , young Kamal died by his bike falling into a 15 feet deep pit ( left un - barricaded ) in Delhi
As expected, a couple of Govt officers have been suspended and an FIR
filed against a contractor
And of course, as required by “ Political Correctness “, inquiry committees have
been set up in both the cases !
I do not have statistics but I suspect that every day , a hundred
persons must be dying unnatural deaths,
solely due to the NEGLIGENCE of some or other persons
( mostly Government employees )
Plain and simple “ Dereliction of Duty “ –
what I call , “ Acts of Omission “ – not having
acted where they were OBLIGED to act
In due course, committees will submit their reports which will gather
dust !
And things will return to NORMAL
But now and then, we see ordinary people ( mostly witnesses to these CRIMES of CALLOUSNESS ), get agitated and indulge into
protests , damaging some government property. Some take out processions to some
Govt offices
What worries me is , if people lose all faith in Government’s ability /
willingness to punish those officers responsible for such pre-mature deaths , such
sporadic , low level protests may escalate into uncontrollable rage and
violence
It is that thought which prompted me to send following email to our
Cabinet Ministers , proposing enactment of a Service Liability Act :
> Needed
: a Service Liability Act ……………… 12 June 2019
Find below, a very brief DRAFT of such an Act, prepared by CLAUDE ( AI / LLM ), based
on the FRAME-WORK proposed by me in my 7 Year old email
I urge Shri Amit Shah ( Home Minister ) to introduce this BILL in the
next session of Lok Sabha
With Regards,
Hemen Parekh
www.HemenParekh.ai / www.IndiaAGI.ai / www.My-Teacher.in / 08 Feb 2026
THE SERVICE LIABILITY (PREVENTION OF DEATHS
BY OMISSION) ACT, 2026
A
Bill to provide for criminal and civil liability of government employees for
acts of omission leading to death or grievous injury, and for matters connected
therewith
CHAPTER
I – PRELIMINARY
1.
Short Title, Extent and Commencement
- (1)
This Act may be called the Service Liability (Prevention of Deaths by Omission) Act, 2026.
- (2)
It extends to the whole of India and applies to all Central Government employees.
- (3)
It shall come into force on such date as the Central Government may
notify.
2.
Definitions In this Act, unless the context otherwise
requires:
- (a)
"Act of Omission"
means the failure to perform a statutory, regulatory, or administrative
duty that a government employee is legally obligated to perform;
- (b)
"Dereliction of Duty"
means willful neglect, reckless disregard, or gross negligence in
performing official duties;
- (c)
"Government Employee"
includes all Central Government servants, officers of Public Sector
Undertakings, and contractors engaged for public works;
- (d)
"Grievous Injury"
shall have the meaning assigned to it under Section 320 of the Indian
Penal Code, 2023;
- (e)
"Competent Authority"
means the designated authority under Section 8 of this Act.
CHAPTER
II – OFFENCES AND PENALTIES
3.
Criminal Liability for Fatal Acts of Omission
Any
government employee who, through an act of omission or dereliction of duty,
causes the death of any person shall be guilty of an offence under this Act and
shall be punishable with:
- (a)
Imprisonment for a term not less than 3 years but which may extend to 10
years; and
- (b)
Fine not less than Rs. 5,00,000 (Rupees Five Lakhs).
4.
Categories of Acts of Omission
Without
prejudice to the generality of Section 3, the following shall constitute acts
of omission:
- (a)
Failure to barricade, fence, or adequately warn the public of dangerous
excavations, trenches, pits, or construction sites on public land or
roads;
- (b)
Failure to conduct mandatory safety inspections of public infrastructure
including roads, bridges, buildings, electrical installations, and water
bodies;
- (c)
Failure to maintain drainage systems, manholes, and sewage covers in safe
condition;
- (d)
Failure to take timely action on written complaints or notices regarding
public safety hazards;
- (e)
Failure to ensure compliance with safety standards in execution of public
works;
- (f)
Any other omission of a statutory duty that directly results in
foreseeable risk to life.
5.
Criminal Liability for Grievous Injury
Any
government employee whose act of omission causes grievous injury shall be
punishable with:
- (a)
Imprisonment for a term not less than 1 year but which may extend to 5
years; and
- (b)
Fine not less than Rs. 2,00,000 (Rupees Two Lakhs).
6.
Vicarious Liability of Supervisory Officers
Where
an act of omission is committed by a subordinate employee, the immediate
supervising officer shall also be held liable if:
- (a)
The supervisor failed to ensure proper execution of duties; or
- (b)
The supervisor had knowledge or should have had knowledge of the omission
and failed to take corrective action.
Punishment:
Imprisonment up to 5 years and fine up to Rs. 3,00,000.
CHAPTER
III – ADMINISTRATIVE ACTIONS
7.
Mandatory Administrative Actions
Upon
registration of a complaint or cognizance of an offence under this Act:
- (a)
The concerned employee shall be immediately placed under suspension
pending inquiry;
- (b)
An inquiry shall be completed within 60 days from the date of incident;
- (c)
If prima facie case is established, departmental proceedings for dismissal
shall be initiated;
- (d)
No transfer of the accused employee shall be permitted until conclusion of
proceedings.
CHAPTER
IV – COMPENSATION TO VICTIMS
8.
Victim Compensation Fund
- (1)
The Central Government shall establish a "Service Omission Victim
Compensation Fund" with an initial corpus of Rs. 500 crores.
- (2)
In case of death caused by an act of omission, the victim's family shall
be entitled to compensation of not less than Rs. 25,00,000 (Rupees
Twenty-Five Lakhs) within 90 days of the incident.
- (3)
In case of grievous injury, compensation of not less than Rs. 10,00,000
(Rupees Ten Lakhs) shall be paid.
- (4)
Compensation under this section shall be in addition to any other
compensation available under any other law.
- (5)
The Competent Authority shall disburse compensation without awaiting
conclusion of criminal proceedings.
9.
Recovery of Compensation
Upon
conviction, the compensation paid from the Fund shall be recovered from:
- (a)
The convicted employee's salary, pension, and provident fund; and
- (b)
Personal assets of the convicted employee, if necessary.
CHAPTER
V – INVESTIGATION AND TRIAL
10.
Special Investigation and Fast-Track Courts
- (1)
Cases under this Act shall be investigated by officers not below the rank
of Deputy Superintendent of Police.
- (2)
Investigation shall be completed within 30 days.
- (3)
Trial shall be conducted in designated Fast-Track Courts and concluded
within 90 days from filing of charge sheet.
- (4)
No sanction for prosecution shall be required under Section 218 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
11.
Cognizance and Non-Bailable Nature
- (1)
Offences under this Act shall be cognizable and non-bailable.
- (2)
Any person may file a complaint before a Magistrate or the Competent
Authority.
CHAPTER
VI – MISCELLANEOUS
12.
Protection to Whistleblowers and Complainants
Any
person who reports an act of omission or files a complaint under this Act shall
be entitled to protection under the Whistleblowers Protection Act, 2014.
13.
Bar on Immunity
No
provision of any other law providing immunity to government employees shall apply
to offences under this Act.
14.
Overriding Effect
The
provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law.
15.
Power to Make Rules
The
Central Government may, by notification, make rules for carrying out the
purposes of this Act.
STATEMENT
OF OBJECTS AND REASONS
Deaths
caused by governmental negligence and dereliction of duty have become
alarmingly frequent. Citizens routinely die due to unbarricaded trenches,
unmaintained infrastructure, and systemic failure to perform basic safety
obligations. The existing legal framework is inadequate to prevent such deaths
or provide swift justice.
This
Bill seeks to:
- Create
specific criminal liability for fatal acts of omission by government
employees
- Ensure
swift investigation and trial through fast-track mechanisms
- Provide
immediate and adequate compensation to victims' families
- Remove
procedural protections that delay accountability
- Restore
public faith in governmental responsibility and rule of law
The
Bill is expected to significantly reduce preventable deaths and injuries caused
by governmental negligence.
Drafted
pursuant to framework proposed by Shri Hemen Parekh
Date: 08 February 2026
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