It can be defined as misconduct by a medical practitioner or doctor, and causes many deaths and illnesses each year. 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. Subsequent to the execution of Consumer Protection Act, plenty of the doctors were sued for the purpose of medical negligence by the patients. Therefore, the sessions court sentenced the accused with two years of Rigorous Imprisonment (RI) along with 500 rupees fine. 304A of the IPC has to be read as qualified by the word ‘grossly’. Negligence means failure to take proper care of something OR breach of duty of care which results in damage. According to S. 304A of the IPC, whoever causes the death of any person by a rash or negligent act not amounting to culpable homicide shall be punished by imprisonment for up to two years, or by fine, or both [xviii]. I am currently pursuing a diploma in paralegal practice. The act of “Negligence” is open to interpretation based on the actions of the defendant in each case. A negligent act is a breach of duty that causes harm/damage to another person unintentionally. 304A. A negligent act could be civil or criminal depending on the gravity and the nature of the crime along with the degree of intention or lack thereof in a particular case. Section 304A was inserted by the Indian Penal Code (Amendment) Act, 1870 (Act XXVII of 1870) and reads thus: 304A. The breach of duty has to directly damage the plaintiff. 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. 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. 304A. The incident of a motor vehicle crash leading to the death of people will not be enough to charge someone under Section 304(a) for negligent driving. 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. Section 304A of the IPC and compare it with Section 304 IPC. Section 304A was added in the year 1870 by the Indian Penal Code … Consumer Protection Act. When the intent … Death due to electrocution. Accept Read More, Section 304 a – Death by Negligence : Law and Legality, India’s criminal system follows the Indian Penal Code in matters of dealing with crime. Saturday, 19, Dec, 2020 . What may be negligence in civil law may not necessarily be negligence in criminal law. Causing death by negligence and Punishment for causing death by negligence. 31 May 2019 6:44 AM GMT . But, for an offence to fall under the section (304 A), intention and knowledge of causing death[i] should not be there. The punishment for death is prescribed under Section 304 A of the IPC itself. Criminal Law And Medical Negligence Indian Penal Code has laid down the medical professional on a different footing as compared to an ordinary human. Forensic Research & Criminology International Journal. The Session Judge convicted the accused of the death of a 10-year-old girl. Share This - x. 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 … 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. 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. Section 304-A was added to the IPC by the Amendment Act, of 1870. But the medical representative is not directly liable to the patient instead he/she is legally responsible for such act of medical malpractice. 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. Malpractice claims prevails for such medical negligence cases causing injury to the patient. Homicide i.e, killing of a human being by a human being is divided into two parts. 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. The act of causing death by negligence is covered under Section 304A of the Code. Forensic Res Criminol Int J. 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. Section 304-A was not part of the Indian Penal Code [IPC… 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. 2017;4(2):34-35. Elements of rashness and negligence are essential constituents of an offence punishable under Section 304A of the Indian Penal Code. Legal Document Management System for Law Firms. Presence of Rash or Negligent Act is necessary to attract this section. This section involves crimes perpetrated with the knowledge of causing death but without any intention of doing the same. 1. 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. Medical negligence cases can be civil as well if the hospital as a whole is held accountable for malpractice. Defined under section 299 of the Indian Penal Code, 1860, Defined under Section 304A of the Indian Penal Code, 1860. 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 … 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. I am working as a content writer to develop my writing skills as well as my knowledge base. (Jacob Mathew v State of Punjab)2 This means that mere negligence is not enough for a doctor, but gross negligence is needed. 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. 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. Section 304A of IPC defines death in negligence cases . In certain cases, negligence is so blatant that it invites criminal proceedings. Under section 340A of 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 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. eg accidentally death caused , death in medical cases Causing death by negligence. Section 304-A of the Indian Penal Code reads as under:- "304-A. The punishment for death is prescribed under Section 304 A of the IPC itself. What is expected of a medical practitioner is ‘reasonably skilful behaviour’ adopting the ‘ordinary skills’ and practices of the profession with ‘ordinary care’ . The present case is one such example. 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. Elements of rashness and negligence are essential constituents of an offence punishable under Section 304A of the Indian Penal Code. 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. Surgeries or injections can work differently in different persons, despite the due diligence taken by the doctor. 304A of Indian Penal Code (IPC). Researchers at the Harvard School of Public Health examined over 1,400 closed medical negligence claims and found that 97% were meritorious and about 80% involved death or serious injury. Medical negligence law in India is covered under the criminal act of 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. The degree of negligence must be much higher, i.e., gross one of a very high degree in criminal negligence. In matters of corporate negligence, a Company is liable under Section 304(a) if it takes any action that injures their consumers, creates an unsafe environment for its employees or cheats their shareholders. For instance, using faulty equipment or expired medicines in the hospital. 2017;4(2):34‒35. 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. 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