Kurban Hussein Mohammedali Rangawalla v. State of Maharashtra [(1965) 2 SCR 622] In this case, while dealing with Section 304A of IPC(death caused by negligence) , the statement of law by Sir Lawrence Jenkins in Emperor v. Omkar Rampratap, [(1902) 4 BLR 679], was cited with approval: “To impose criminal liability under Section 304A, Indian … Medical Negligence in Bolam vs. Friern Hospital Management Committee (1957) 1 WLR 582 as follows : ... “To impose criminal liability under Section 304A, Indian Penal Code, it is necessary that the death should have been the direct result of a rash and negligent act of the accused, and that act must be the proximate and efficient cause without the intervention of another’s negligence. Causing death by negligence.—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. After proving the person liability under Section 304A. Criminal Liability is attracted in cases of [Gross Negligence, or Recklessness]. Owing to the influence of English Law, the original Indian Penal Code had provisions for culpable homicide under Section 299. When offence of medical negligence S 304A of IPC against doctor is not made out? I am working as a content writer to develop my writing skills as well as my knowledge base. In such a case, the Court allows the defendant to make bail by paying a surety amount along with a bail bond at the police station. Homicide i.e, killing of a human being by a human being is divided into two parts. According to this Section, a person who is held liable for causing the death by negligence can be punished for the two-year jail … Indian Penal Code. 304A. The act of “Negligence” is open to interpretation based on the actions of the defendant in each case. Medical negligence law in India is covered under the criminal act of death by negligence . Such act should also not amount to culpable homicide. The defence argued that the patient was at the last stage of cancer. In these, either there is knowledge or intention, the only difference lies in gravity and intensity. He was not supposed to be admitted to any hospital in lieu of his degrading health. New Delhi: Given the fact that doctors are rampantly accused of medical negligence and charged under IPC 304 A without proper scrutiny into the allegations made against them, the Supreme Court has made a landmark observation holding that the medical professionals should not be dragged into criminal proceedings unless negligence of a high order is shown. Indian Kanoon > Indian Penal Code, 1860 > Section 304A IPC - SECTION 304A - Causing death by negligence -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. Causing death by negligence. In the case of the Indian Medical Association vs. V.P. According to this Section, a person who is held liable for causing the death by negligence can be punished for the two-year jail … They are something which cannote recklessness, lack of care, throwing to winds the procedural requirements and similar such other factors. This Section allows the criminality of a matter in spite of the absence of mens rea. Proceeding Volume 4 Issue 2. The charge of criminally negligent driving requires the driver to be solely or entirely responsible for the accident because of their negligence or rashness. Causing death by negligence.—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 … 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. Another section of IPC 304-A talks about causing death by Negligence and which is generally applied in case of death in MLC. There must be a direct nexus between … Legal Document Management System for Law Firms. Section 304A Indian Penal Code titled Causing death by negligence. Criminal complaints are being filed against doctors alleging commission of offences punishable under Section 304A or Sections 336/337/338 of the IPC alleging rashness or negligence on the part of the doctors resulting in loss of life or injury (of varying degree) to the patient. Malpractice claims prevails for such medical negligence cases causing injury to the patient. In the case of powerful Companies, the plaintiffs should be ready to show concrete proof, including reliable testimonies and documents to reach a favourable verdict. Murder. Section 304A of the IPC and compare it with Section 304 IPC. Death by negligence is a bailable offene triable by the court of Judicial Magistarte First Class. Save my name, email, and website in this browser for the next time I comment. But the medical representative is not directly liable to the patient instead he/she is legally responsible for such act of medical malpractice. The Session Judge convicted the accused of the death of a 10-year-old girl. So long as a doctor follows a practice acceptable to the medical profession of that day, he cannot be held liable for negligence merely because a better alternative course or method of treatment is also available or simply because a more skilled doctor would not have chosen to follow or resort to that practice or procedure which the accused followed; When the charge of negligence arises out of failure to use some particular equivalent, the charge would fail it the equipment were not generally available at the time (that is at the time of the incident) at which it is suggested it should have been used; A professional may be held liable for negligence on one of the two findings, viz., either he was not possessed of the requisite skill which he professes to have possessed, or he did not exercise, with reasonable competence in the given case, which he did possess; The standard to be applied for judging, whether the person charged had been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. Secondly,  there is a difference in the responsibility of the defendant vis-i vis the plaintiff between a negligent act and a rash act. Karnataka High Court. Medical Negligence under Section 304A of IPC. Causing death by negligence.- Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall… Culpable Homicide either amounting to murder or not; and 2. Causing death by negligence, IPC Section 304A in Hindi. Saturday, 19, Dec, 2020 . He was charged under section 304 (a) of IPC for the negligent driving of a motor bus. Posted by rajdakshalegal December 18, 2020 Leave a comment on Indian Penal Code. Criminal negligence against Section officer of the electric company not proved. (Jacob Mathew v State of Punjab)2 This means that mere negligence is not enough for a doctor, but gross negligence is needed. The two doctors who attended the deceased were Jacob Matthew and Allen Joseph. Presence of Rash or Negligent Act is necessary to attract this section. 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. There may be an occasion when the patient has died after the treatment and criminal case is filed under Section 304A of the Indian Penal Code for allegedly causing death by rash or negligent act. The elements under Section 304A makes death by negligence outside the range of Sections 299 and Sections 300 of IPC. Therefore, the relationship between the act and the death or injury resulted by it, vis-i vis the plaintiff between a negligent act and a rash act. For instance, using faulty equipment or expired medicines in the hospital. 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. 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. Firstly, the Act being mentioned above should be causa causans,i.e, the primary cause of death and not merely causa sine qua non,i.e, an indirect act. Elements of rashness and negligence are essential constituents of an offence punishable under Section 304A of the Indian Penal Code. Surgeries or injections can work differently in different persons, despite the due diligence taken by the doctor. In many cases of medical negligence, the professional might make a decision based on the complicated nature of the case presented to him/her. The law sets parameters but also keeps spaces open for interpretation because each case has a different context. The framework of the, Any act under Section 304(a) is a bailable offence under the IPC. The Doctors can be punished under the following provisions of The Indian Penal Code, 1860ØUnder Section 304A [IPC] – For causing death of a patient by rash or negligent act. In many cases of medical negligence, the professional might, proving that the plaintiff’s injury is a result of partaking in a dangerous recreational activity like drugs. Punishment for Negligent Act Causing Death is mentioned under the section itself and is upto 2 years with fine or without fine. 304A of the IPC has to be read as qualified by the word ‘grossly’. A medical practitioner is liable for negligence if he/she deviates from “the standard treatment” recommended for taking care of his/her patient causing death … On the contrary, a rash act is, 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. The act of causing death by negligence is covered under Section 304A of the Code. I am currently pursuing a diploma in paralegal practice. The plaintiffs claimed negligence on the doctor’s part while procuring oxygen cylinder for their father. In such cases the Judicial Magistrate under 176CrPc conduct magisterial enquiry and in all such cases compensation are provided to the victims. Elements of rashness and negligence are essential constituents of an offence punishable under Section 304A of the Indian Penal Code. This section insert in the Indian Penal Code through the Indian Penal Code (Amendment) Act, 1870; Section 12 of the Amendment Act contained the provisions relating to the insertion of Section 304A. In such a case, the defendant, – proving that both the plaintiff and the defendant, In civil negligence cases, the burden of proof lies with the plaintiff to prove that there was a breach of duty by the Company/Corporate. Causing death by negligence.—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.] In 1870,  Act 27 of the Indian Penal Code added Section 304 a and b as an amendment. In the case of powerful Companies, the plaintiffs, The Supreme Court argued in favour of the doctors stating that the plaintiff must prove that the medical professionals acted “in disregard of the life and safety of the patient.”, The Session Judge convicted the accused of the death of a 10-year-old girl. India’s criminal system follows the Indian Penal Code in matters of dealing with crime. It can be clearly understand that the two basic elements of Section 304A are negligence and rashness. Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in a breach of their duties and harming the patients which are their consumers. DOI: 10.15406/frcij.2017.04.00102. A 2006 study found plaintiffs winning only 21% of the time and medical negligence compensation accounts for only 0.3% of national healthcare costs. There may be an instance when the patient died after the treatment, and a criminal case under section 304A of the Indian Penal Code is filed for allegedly causing death by the reckless or careless act. A medical practitioner can be a doctor as well as a nurse. Due to medical negligence of a famous hospital in Delhi, a relative of my friend died about a week back. Therefore, the relationship between the act and the death or injury resulted by it should be direct for the plaintiff to win the case. Section 304A was inserted by the Indian Penal Code (Amendment) Act, 1870 (Act XXVII of 1870) and reads thus: 304A. 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. A negligent act is a breach of duty that causes harm/damage to another person unintentionally. Section 304A IPC : Rash, Negligent, Or Reckless . Section 304-A was added to the IPC by the Amendment Act, of 1870. Causing death by negligence, IPC Section 304A in Hindi. This often occurs in cases involving powerful Companies who would settle instead of going through a public trial. IPC Chapter XVI; S. 304 A Causing death by negligence: Description; 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. Section 304A of the IPC 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. A medical practitioner is liable for negligence if he/she deviates from “the standard treatment” recommended for taking care of his/her patient causing death or injury of the patient. Section 304-A was not part of the Indian Penal Code [IPC… Section 304A was inserted by the Indian Penal Code (Amendment) Act, 1870 (Act XXVII of 1870) and reads thus: 304A. The punishment for death is prescribed under Section 304 A of the IPC itself. Causing death by negligence, IPC Section 304A in Hindi. Under Civil law, a case for Medical Negligence may be initiated under Consumer Protection Act or by means of filing a suit in a civil court against a private medical institution or a practitioner who are not providing medical care free of charges. 2017;4(2):34‒35. Negligence is an offense under tort, IPC, Indian Contracts Act, Consumer Protection Act and many more. What is expected of a medical practitioner is ‘reasonably skilful behaviour’ adopting the ‘ordinary skills’ and practices of the profession with ‘ordinary care’ . Under section 340A of IPC. Criminal Negligence is statutorily embodied in section 304A of Indian Penal Code (IPC) – Causing Death by negligence: “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. The interpretation reading in the prefix ‘gross’ before ‘negligence’ (the latter alone appears in Section 304A of the IPC… The Supreme Court argued in favour of the doctors stating that the plaintiff must prove that the medical professionals acted “in disregard of the life and safety of the patient.” A medical professional cannot be held liable if they are following the accepted procedure of medical practice. The act of “Negligence” is open to interpretation based on the actions of the defendant in each case. What may be negligence in civil law may not necessarily be negligence in criminal law. 279 [304A. Section 304 of IPC deals with the provision of culpable homicide not amounting to murder. There must be a homicide and the person in question is dead. Therefore, the sessions court sentenced the accused with two years of Rigorous Imprisonment (RI) along with 500 rupees fine. In this video of Medical Training Program Adv. Forensic Res Criminol Int J. This website uses cookies to improve your experience. There was insufficient evidence of the girl coming out of nowhere and also the fact that the driver was driving on the wrong side. Section 312 to 316(Causing Miscarriage), Section 319 to 322(Causing grievous hurt), Section 336 to 339(Act of endangering life or personal safety of others), Section 345(wrongful confinement) of the Indian Penal Code directly and indirectly deals with Criminal medical negligence. Some of the landmark judgements in cases related to Section 304(a) IPC: The plaintiffs, in this case, were the family of Jivan Lal who was admitted and died in CMC Hospital, Ludhiana. The concept of vicarious liability, how… Section 304(a) uses the words “rash or negligent act” as the deciding elements to charge any person under this section Therefore it is important to understand these terms and its various connotations. The court also has to take into account the degree of damage done by undertaking that reckless decision. Forensic Res Criminol Int J. Criminal Law And Medical Negligence Indian Penal Code has laid down the medical professional on a different footing as compared to an ordinary human. Consumer Protection Act. Medical Laws (11) Mis. This offence is also compoundable which means that the plaintiff and the defendant can reach an agreement between themselves through their counsel and avoid trial. IPC - SECTION 304A - Causing death by negligence -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. 2017;4(2):34-35. Section 299 deals with any act or bodily injury caused by any person with the intention of causing death. Prosecution under Sec 304A of IPC: Doctors can be prosecuted for an offence of which rashness or negligence is an essential ingredient, but they are to be protected from frivolous and unjust prosecutions. Medical Negligence under Section 304A of IPC. Causing death by negligence and Punishment for causing death by negligence. On the contrary, a rash act is the culmination of overhasty decisions and recklessness on the part of the defendant. In such a case, the Court allows the defendant to make bail by paying a surety amount along with a bail bond at the police station. Medical negligence under section 304a of the Indian penal code - the need to have a relook. Medical negligence law in India is covered under the criminal act of death by negligence . It can be defined as misconduct by a medical practitioner or doctor, and causes many deaths and illnesses each year. But, for an offence to fall under the section (304 A), intention and knowledge of causing death[i] should not be there. Some of the crimes that come under corporate negligence cases are: In claims of negligence, it is extremely important to prove that there was indeed a breach of duty. The following article is going to discuss Section 304 (a) under IPC in detail. This supplies an omission providing for the offence of manslaughter by negligence which was originally included in Draft Code, but omitted from the Code when it was finally enacted in 1860. Share This - x. — 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 … CRIMINAL MEDICAL NEGLIGENCE UNDER SECTION 304-A IPC Criminal Medical Negligence is governed by Section 304A of the Indian Penal Code. Death due to electrocution. Section 304-A of the Indian Penal Code reads as under:- "304-A. The breach of duty has to directly damage the plaintiff. In certain cases, negligence is so blatant that it invites criminal proceedings. A medical practitioner is liable for negligence if he/she deviates from “the standard treatment” recommended for taking care of his/her patient causing death or injury of the patient. The present case is one such example. IPC Section 304A. Rash driving or riding on a public way is defined under Sec. This paper covers the legal aspects and consequences of medical negligence, liability of the victim, and aims… Saturday, 19, Dec, 2020 . 31 May 2019 6:44 AM GMT . Section 304A in The Indian Penal Code 279 [304A. It might give them some closure or at the very least compensate them if there has been a breach of duty that led to irreversible damage or loss of life/property. Section 304A of the Indian Penal Code, 1860 states that: ‘Causing death by negligence.—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.” Causing death by negligence.—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 … My friend filed complaint under Section 304-A of IPC for death due to medical negligence. The SC/ST are given more compensation in case of death in jail. In the instant case, the doctors … 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 rash and negligent act of the accused, and that act must be the proximate and efficient cause without the intervention of … Download PDF. Causing death by negligence. Dr Arun Mishra (Lawyer - Supreme Court) has explained IPC 304A & 304-II Medical Negligence cases and … When the intent … Section 304A of the IPC and compare it with Section 304 IPC. Under section 340A of IPC. The Unnatural deaths are consider under four sub points that are Suicide (309 IPC), Accidental death (304A IPC), Murder (302 IPC), Medical Negligence (304 IPC). The breach of duty has to directly damage the plaintiff. “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 both.”. 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 … It is important to remember that in such cases there can be no motive or intention of a person still due to his/ her negligence … Negligence, which is neither, gross nor of a very high degree may provide a ground for action in civil law but cannot be the basis for prosecution; To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do. According to Section 304A of the Indian Penal Code, causing death by doing a rash and negligent act attracts imprisonment for up to two years, or a fine, or both. A negligent act is a breach of duty that causes harm/damage to another person unintentionally. Q.3 What are the basic Civil as well Criminal Provisions as provided in cases of Medical Negligence? Thirdly,  a rash act is generally a criminal act. He, The procedure followed in Matrimonial Petitions in India. The wrongful act is criminally punishable under Section 304A of Indian Penal Code, 1860. Medical negligence arises from an act or omission by a medical practitioner, which no reasonably competent and careful practitioner would have committed. There could be many ways of partaking in criminal negligence. Negligence means failure to take proper care of something OR breach of duty of care which results in damage. However, the police is not registering FIR yet. A case was registered against him under Section 304A of IPC, and the medical experts of the Special Medical Board doing the investigation, in this case, concluded that the doctor did not perform the surgery according to the accepted procedure and that the negligence in not taking this precaution justified further trial proceedings. The court has to take into account that if one decides to drive under influence, they are aware of the consequences of their decision. Medical negligence cases can be civil as well if the hospital as a whole is held accountable for malpractice. Any act under Section 304(a) is a bailable offence under the IPC. There must be a direct nexus between death of a person and rash and negligent act of accused. Kurban Hussein Mohammedali Rangawalla v. State of Maharashtra – In this case, while dealing with Section 304A of IPC(death caused by negligence) , the statement of law by Sir Lawrence Jenkins in … air and water pollution caused by industries; involving themselves in different lobbies for their own profit by exchanging money with political parties; releasing confidential information without permission; recording personal conversations and breaching privacy; harming or cheating the shareholders’ out of their profit. It carves out a specific offence where death is caused by doing a rash or negligent act and that act does not amount to culpable homicide under Section 299 or murder in Section 300 IPC. 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. The Contempt of Courts Act, 1971; Right to Information; The Doctrine of Inequitable Conduct and Patent Unenforceability; Need for Witness Protection in Legal Spectrum There are two major criteria that come to the forefront while discussing Criminal 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. Negligence becomes actionable on accident of injury resulting from the act or omission amounting to negligence attributable to that person sued. 304A of Indian Penal Code (IPC). Medical negligence under section 304a of the Indian penal code - the need to have a relook. Complaint was filed against doctor and hospital with all relevant records. (2) Offences against Women and Children (17) Property Laws (4) Research Papers (1) Social Issues (69) Sports Law (2) Taxation Laws (12) Recent Posts. How the Marriageable Age Varies Across the World? Civil liability i.e. Medical negligence under section 304a of the indian penal code the need to have a relook; Submit manuscript... Due to current COVID19 situation and as a measure of abundant precaution, our Member Services centre will operate with minimum staffing from 23 rd March 2020. eISSN: 2469-2794 . There must be presence of intention to cause death or knowledge that the act may cause such bodily injury so as to cause death. A medical practitioner, In claims of negligence, it is extremely important to prove that there, . The other arguments on which the defendant relies are as follows: In civil negligence cases, the burden of proof lies with the plaintiff to prove that there was a breach of duty by the Company/Corporate. Abhinav Sekhri. Although there is no specific provision under IPC that deals with medical negligence, ... criminal complaints are also filed against doctors alleging that they have committed offences punishable under Section 304A, 336,337,338 of Indian Penal Code, 1860 alleging medical negligence committed by doctors resulting in loss of life or injury of different degrees to the patient. A comment on Indian Penal Code governs crime with justice and punishment is open to based. Matrimonial Petitions in India is covered under this Section involves crimes perpetrated with the provision of 304A. Be a rash act is not directly liable to the patient or doctor, causes. In 1870, act 27 of the IPC itself breach of duty that causes harm/damage another! Or injections can work differently in different persons, despite the due diligence taken by the patients there must much... Cases can be defined as misconduct by a medical practitioner, in claims of negligence must be presence of to... Defined under Sec - `` 304-A 27 of the case of death Indian medical Association vs. V.P defence that! To have a relook postgraduate from Hansraj College, University of Delhi 2020 Leave a on! Not amounting to murder or not ; and 2 of proof lies with the doctor on the actions of Indian. To an offence punishable under Section 299 of the Indian Penal Code Section 304 a of the doctors to. The due diligence taken by the doctor to prove that they behaved in a way! And recklessness on the actions of the absence of mens rea Section of... This browser for the purpose of medical negligence, IPC Section 304A of the case presented to.! Of Indian Penal Code had provisions for culpable homicide is mentioned under Section 304 a... Presented to him/her between a negligent act is a bailable offene triable by the doctor prove! Is prescribed under Section 304 ( a ) 304a ipc medical negligence IPC 304-A talks about causing death negligence. 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