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. Under the civil law, victims of negligence can get relief in the form of compensation from a civil court or the consumer forum. But whatever epithet be used and whether an epithet be used or not, in order to establish criminal liability the facts must be such that, in the opinion of the jury, the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others, as to amount to a crime against the State and conduct deserving punishment.”. “8. The criminality lies in not taking the precautions to prevent the happening of the consequences in the hope that they may not happen. IPC Chapter 5A - Criminal Conspiracy 2 IPC Section 120A. The element of criminality is introduced by the accused having run the risk of doing such an act with recklessness and indifference to the consequences. Civil negligence. M.L.PANDIA The Consumer Protection Act, 1986. Section 162:- (Repealed) Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31. Awareness of public, patients and the press Visual media. Simple lack of care such as will constitute civil liability is not enough. Cases under IPC 304A and other. Eminent jurists and leading judgments have assigned various meanings to negligence. In 1870, Act 27 of the Indian Penal Code added Section 304 a and b as an amendment. The difference between recklessness and negligence is the difference between advertence and inadvertence they are opposed and it is a logical fallacy to suggest that recklessness is a degree of negligence. Such a negligent act, normally a tort, may also give rise to criminal liability as well, though it was made clear by the Court in Jacob’s Case (supra) that jurisprudentially the distinction has to be drawn between negligence under Civil Law and negligence under Criminal Law. The Supreme Court made the following observations:-. At that time negligence was nowhere defined in IPC but fall outside the offenses ranging from Section 299 and 300 of IPC. 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. monetary compensation can be one of the legal consequences in case of negligent or rash act done by any medical professional that can be done by seeking legal remedy in civil courts or consumer forums. When the intent or knowledge is the direct motivating force of the act, Section 304-A has to make room for the graver and more serious charge of culpable homicide. It is stated in Law of Torts by Fleming at page 124 (Australian Publication 1957) that this standard of conduct is ordinarily measured by what the reasonable man of ordinary prudence would do under the circumstances. Therefore, the mere fact that the fire would not have taken place if the appellant had not allowed burners to be put in the same room in which turpentine and varnish were stored, would not be enough to make him liable under S.304-A, for the fire would not have taken place, with the result that seven persons were burnt to death, without the negligence of Hatim. Culpable rashness is acting with consciousness that mischievous consequences are likely to follow although the individual hopes, even though he hopes sincerely, that such consequences may not follow. The question in the civil context is, therefore, not about moral blame, even though there will be many cases where the civilly liable defendant is also morally culpable. Thus, there is a fine distinction between Section 304 and Section 304A. The defence argued that the patient was at the last stage of cancer. A train hit the bus at the railway crossing. A person who intentionally causes the bodily injury with knowledge that such act is likely to cause death must necessarily be a person who does an act with the intent to cause bodily injury likely to result in death. The degree of care required in the particular case depends on the accompanying circumstances, and may vary according to the amount of the risk to be encountered and to the magnitude of the prospective injury.”. It is only when this is so that the doer of the act is acting ‘recklessly’ if, before doing the act, he either fails to give any thought to the possibility of there being any such risk or, having recognized that there was such risk, he nevertheless goes on to do it”. If a person wilfully drives a motor vehicle into the midst of a crowd and thereby causes death to some person, it will not be a case of mere rash and negligent driving and the act will amount to culpable homicide. Professional negligence can be of 2 types: Civil negligence and Criminal negligence. 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. Negligence which is neither gross nor of a higher degree may provide a ground for action in civil law but cannot form the basis for prosecution. The law sets parameters but also keeps spaces open for interpretation because each case has a different context. After pointing out that in a civil case once negligence was proved, the degree of negligence was irrelevant, Lord Ellenborough, the Lord Chief Justice, said. Section 304-A discloses that criminality may be that apart from any mens rea, there may be no motive or intention still a person may venture or practice such rashness or negligence which may cause the death of other. The original Indian Penal Code, 1860 had no provision providing punishment for causing death by negligence. Settles. Civil negligence arises – when a patient (or his relative, in case of patient’s death) files suit in a civil court to get compensation from his doctor for the injury or death of the patient due to doctor’s negligence. We'll assume you're ok with this, but you can opt-out if you wish. The intention to cause death or the knowledge that death will probably be caused, is essential and is that to which the law principally looks. In civil law negligence means inadvertence, which, if it resulted in injurious consequences to person or … The reason being the cause of death by rash or negligent act. That I conceive to be the principle of tortious liability for negligence. Cause of -action for negligence arises only when damage occurs; for, damage is a necessary ingredient of this tort.”. (6) The word “gross” has not been used in Section 304-A IPC, yet it is settled that in criminal law negligence or recklessness, to be so held, must be of such a high degree as to be “gross”. The expression “proximate cause” is defined in the 5th Edition of Black’s Law Dictionary as under: “Proximate cause. What may be negligence in civil law may not necessarily be negligence in criminal law. The framework of the Indian Penal Code governs crime with justice and punishment. Home; Prev; Index; Next; Chapter IX – Of Offences by or Relating to Public Servants Section 161:- (Repealed) Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31. But it should now be recognized that at common law there is no criminal liability for harm thus caused by inadvertence. 138A. 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