The wording of Section 304-A is ambiguous to the extent that ‘rash or negligent’ is qualified and understood very differently in the Medical Negligence … Also, Amrit Lal had removed some soil last year which led to the act. The skill possessed by him were not exercised with due care and proficiency. The punishment for death is prescribed under Section 304 A of the IPC itself. The accused lifted a child and threw him on the ground which resulted in the death of the child. Thereafter, citing medical negligence filed an FIR with the police alleging that the doctor did not attend to the patient after transfusion which resulted in her death. Section 304A Indian Penal Code titled Causing death by negligence. Weekly Competition – Week 4 – September 2019, Weekly Competition – Week 2 – October 2019, Weekly Competition – Week 3 – October 2019, Weekly Competition – Week 4 – October 2019, Weekly Competition – Week 1 – November 2019, Weekly Competition – Week 2 – November 2019, Weekly Competition – Week 3 – November 2019, Weekly Competition – Week 4 – November 2019, Weekly Competition – Week 1 – December 2019. Section 304A of the Indian Penal Code talks about causing death by negligence or rash act. Medical Negligence & Criminal Laws. Consumer Protection Act. Criminal Medical Negligence Under Section 304(A) (By Bargavi Baradhwaj) October 12, 2020 October 12, 2020 ijlra. It is to say that if the employee/servant of the doctor rashly or negligently causes death of such person the doctor may be held liable as per the principle of vicarious liability. Culpable Homicide either amounting to murder or not; and. Section 304A is quite good addition by the policymakers in the Indian penal Code, 1860 as it separates the cases in which neither the intention nor the knowledge of the accused was there but the act causes death. The present section talks of rash and negligent Act, and if the act does not fall within culpable homicide, it falls within the present provision. Application of Contempt of Court in this Democracy (By Hridaya Singh & Sahil Telang) Alternative Dispute Resolution … Post navigation. The punishment for causing death by negligence under Section 304-A is imprisonment of either description for a term, which may extend to two years, or with fine, or with both. Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and harming the patients which are their consumers. Medical Negligence under Section 304A of IPC; In the Judgement Kurban Hussein Mohammedali Rangawalla v. State of Maharashtra related to Section 304A of IPC in accordance with medical negligence (death caused by negligence), It was held that "To impose criminal liability under Section 304A, Indian Penal Code, it is necessary that the death should have been the direct result of a … Murder. Read Also: How Much Punishment?- MCI Formulates Sentencing Guidelines For Cases Of Medical Negligence, Garima joined Medical Dialogues in the year 2017 and is currently working as a Senior Editor. It must be proved that the collision was either mainly or entirely due to the fault of the accused. Proceeding Volume 4 Issue 2. The article is written by Prasoon Shekhar, from ICFAI Law School, Dehradun. They are something which cannote recklessness, lack of care, throwing to winds the procedural requirements and similar such other factors. (2005) 6 SCC 1 case in which the bench had held that in criminal law medical professionals are placed on a pedestal different from ordinary mortals. If you are in need of a criminal defense lawyer visit Hurwitz Law Group, Inc LA criminal defense lawyers. The court considered the act as rash and negligent took a turn without paying attention and his conviction was also upheld by the Supreme Court. This offence is cognizable and warrant should ordinarily issue in the first instance. In the course of showing the revolver to B, a bullet gets fired which leads to death of B. This Section mentions that if a person causes the death of another person by doing a negligent or rash act which does not amount to culpable homicide shall be punished with imprisonment for a term of a maximum of two years, or with fine, or with both. The number of cases of medical negligence is increasing day by day. Recent incidence in Pune stirred up the hornet’s nest among medical fraternity when Doctors were arrested on the alleged ground of Medical Negligence after the death of a patient and raised its voice against the unjust application of IPC Section 304-II instead of Sec.304-A. Medical Negligence has also been interpreted to attract section 304A. The Supreme Court in landmark cases has laid down the guidelines which would be necessary to attract section 304A if there is medical negligence. The essential ingredients of the section are as follows: The section applies when there is a direct connection of the rash or negligent act of accused to the death of the person in question. The act of “Negligence” is open to interpretation based on the actions of the defendant in each case. Section 304A was added in the year 1870 by the Indian Penal Code (Amendment) Act, 1870. Aggrieved, the doctor moved the Supreme Court which while restoring the trial court's order , allowed the doctor's appeal and stated: The MCI is likely to soon release a sentencing policy guideline for the medical profession that is going to lay down certain standards to determine the guilt and punishment to be accorded to a delinquent doctor in cases of medical negligence. But the accused took him somewhere else and the person died. A Doctor can also be suspended if he is found of medical negligence. For an act of rash and negligent driving, the factors of knowledge and intention of the accused should not be there. The present punishment under this section is often subject to criticism because of its weaker nature. In this case, a neighbour started using the washroom of the accused. Act of the accused must not amount to culpable homicide. Abdul Sharif v. State of Haryana (2016 SCC OnLine SC 865). When offence of medical negligence S 304A of IPC against doctor is not made out? A breach of this … Section 304A [10] of the Indian Penal Code of 1860 states that “whoever causes the death of a person by a rash or negligent act not amounting to culpable homicide shall be punished with imprisonment for a term of two years, or with a fine or with both.” Definition: It means carelessness in a matter in which the law mandates carefulness. In order to … vs State Of Uttar Pradesh[vi],  the question was raised upon the intention of accused. There happen the cases when doctors are also held vicariously liable for the acts of their juniors. Sushil Ansal V. State through CBI ((2014) 6 SCC 173). In the case of Indian Medical Association v. VP Shantha[xv], the Supreme added medical profession in the term ‘service’ as under CP Act, 1986. Sentence depends on the degree of carelessness seen in the conduct of the accused. It was found that though the accused was negligent as he had learning license and was driving without a person having license[x], but it was held that hitting by vehicle of the accused was not the direct consequence of the death of the person in question and hence, accused cannot he held liable under 304A. states that Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. He refused to give treatment, and directed to go to a different place. The guidelines for imposing criminal liability for medical negligence are: In the case of Parmananda Katara v. Union of India[xvii], the Supreme Court observed that the duty of the doctor is to save lives and courts should assist in the same. So, section 304A cannot be used for dealing with cases of medical negligence. [xvi], it was held that for imposing criminal liability against the medical practitioner, a high degree of negligence is required. In the present case, the act of the accused was considered as negligent act because he made a breach of duty as imposed by upon him by law. Medical Laws (11) Mis. The case concerned a pregnant patient who was admitted to the hospital for delivery in November 1998. Principle of Res Ipsa Loquitur i.e, things speak for itself. The difference between rash and negligent act was highlighted in the case of Bhalachandra Waman Pathe v. State of Maharashtra[v], accused was driving his car at a normal speed hit two sisters on the pedestrian crossing in which one of them died. amendment - 1973, patient may get compensation too. The accused objected, but despite she carried on using his washroom. Essentials of medical negligence are as follows: In the case of Jacob Mathew v. State of Punjab & Anr. In criminal law, medical practitioners get the immunities of Sections 87, 88, 89 and 92 of the IPC, 1860, who act for patients benefit in good faith. ‘Negligent Act’ refers to a breach of duty imposed by law or omission of anything which a man of ordinary prudence should have done. Section 304A Indian Penal Code titled Causing death by negligence. ‘Rash Act’ refers to an act done in hurry without proper thinking and action. © Copyright 2016, All Rights Reserved. In the present condition, B cannot be held liable under culpable Homicide or Murder as there is nether knowledge not intention but B can be held liable under Section 304A. Medical negligence … The Supreme Court held that although the driving was rash and negligent, the accused must have had knowledge that such kind of act of her could lead to death, only then she will be considered punishable under 304 Part II of IPC and not under Section 304A. ‘Rash Act’ can be understood clearly by the case Cherubin Gregory v. State of Bihar[iv]. Criminal Medical Negligence Under Section 304(A) (By Bargavi Baradhwaj) Volume 1 Issue-3 (Bargavi Baradhwaj) Download. [ii] Medical malpractice occurs when a health-care provider strays from the recognized “standard of care” in the treatment of a patient. The Punishment for offence under Section 304A has been defined in the section as well. Then, he took him up, made him sit in the jeep and took him to a doctor. Furthermore, doctors are being prosecuted under Section 304A of the IPC (causing death of any person by doing any rash or negligent act which does not amount to culpable homicide) which is punishable with imprisonment for a term which may extend to two years. The principle of causa causans i.e, immediate cause or last link of the chain applies[vii]. The Supreme Court, on several instances favoured a harder punishment[xvii] and at it has also asked the legislature to amend the provision. The act of the accused was considered as ‘negligent act’. Section 304A was added in the year 1870 by the Indian Penal Code … For an act to fall under this section there should be absence of both knowledge and intention. Medical negligence also known as medical malpractice is improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. You can click on this link and join: https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. In the case of Jagdish Chander v. State[xiii], the accused was driving a scooter and suddenly he took a right turn without looking in the mirror and a truck was coming and he lost his control. Covid has created tremendous opportunity for lawyers, Jurisdictive ploy to combat dilatory tactics, The Patents Act, 1970 : Case analysis – Novartis Ag v. Union of India, Introduction to domestic violence on children. In the year 2018, there have been a total of 467044 accidents[xi]. An act to fall under this section, the death must be caused as a direct result or in consequence with act of the accused. 1. Culpable Homicide either amounting to murder or not; and 2. VOLUME 1 ISSUE 3. Criminal negligence was defined in the case of Bala Chandra v. State of Maharastra[ii], where it was defined as complete or partial negligence or failure in exercising reasonable and proper care and precaution in protecting any particular person or public in general, which would have been essential duty of the accused keeping in mind the circumstances. To know more, see our, https://medicaldialogues.in/pdf_upload/pdf_upload-124406.pdf. His act was not considered as a ‘rash act’ because the speed of the car was normal and it was morning time and extra care need not have to be taken. What Work will you be given if you get a Legal Internship in a Tech Giant like Google, Facebook or Amazon? Section 304A i.e, causing death by negligence reads as follows: “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”. Forensic Research & Criminology International Journal. If any medical problem is suffered by any of us we refer to a doctor and he/ she cures us by providing relevant medicines or doing the required treatments. vs. Santra: MANU/SC/0295/2000, the Apex Court held that liability in civil law … Medical negligence law in India is covered under the criminal act of death by negligence . Friend A tells B that he has bought a new revolver and B requests to show the same. Under Criminal Negligence, Section 304A of the IPC, 1860 states that whoever causes the death of an individual by a rash or negligent act not amounting to culpable homicide shall be punished with imprisonment for a term of two years, or with a fine or with both. Rule 3 of Central Motor Vehicle Rules, 1989. https://app.powerbi.com/viewr=eyJrIjoiMjIzMTY5MmQtNjZmZC00OTAyLTkzOGMtYWEy. She can be contacted at editorial@medicaldialogues.in Contact no. But nowadays, it is a harsh reality that many big hospitals have started making money in the name of treatments. A doctor can be punished under Section 304A of the Indian Penal Code (IPC) for causing death by a rash or negligent act, say in a case where death of a patient is caused during operation by a doctor not qualified to operate. After proving the person liability under Section 304A. In the case of Suleman Rehiman Mulani & Anr v. State of Maharashtra[ix], a person driving a jeep hit a person. states that Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Medical Negligence Medical negligence is a breach of duty on the part of the defendant who has a legal as well as a moral duty to look after his/her patient. But, for an offence to fall under the section (304 A), intention and knowledge of causing death[i] should not be there. Section 304A of the Indian Penal Code, 1860, states that whoever causes the death of a person, by any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment for two years, or with a fine or both. A Doctor can be Criminally liable under Section 304A of the Indian Penal Code. In the case of State of Rajasthan v. Hari Singh[xii], it was held that only driving at a faster rate do not make out the offence as under 304A. Under Section 304A of the Indian Penal Code, Death by Negligence is defined as – ‘Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. It was held that the death was not a direct consequence as he had not done repairs since long time and building was in a bad condition. There must be absence of proper skill which the medical practitioner claimed to possess; or. Since it was not a direct consequence, principle of causa causans applied and the accused was acquitted. In these, either there is knowledge or intention, the only difference lies in gravity and intensity. But, for an offence to fall under the section (304 A), intention and knowledge of causing death[i] should not be there. 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