The following article is going to discuss Section 304 (a) under IPC in detail. The concept of vicarious liability, how… There could be many ways of partaking in criminal negligence. 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. 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. Section 304A in The Indian Penal Code 279 [304A. 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. IPC Section 304A. A simple lack of care, an error of judgment or an accident, is not proof of negligence on part of a medical professional. 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. Section 304A Indian Penal Code titled Causing death by negligence. After proving the person liability under Section 304A. For instance, using faulty equipment or expired medicines in the hospital. Such act should also not amount to culpable homicide. Section 304A. the Supreme Court declared on August 4, 2004, that to sustain a prosecution for the offence under S. 304A of the Indian Penal Code (IPC), and to fix criminal liability on a doctor or surgeon, the standard of negligence required to be proved should be so high that it can be described as ‘gross negligence’ or ‘recklessness’, not merely lack of necessary care. Dr Arun Mishra (Lawyer - Supreme Court) has explained IPC 304A & 304-II Medical Negligence cases and … Section 304A was inserted by the Indian Penal Code (Amendment) Act, 1870 (Act XXVII of 1870) and reads thus: 304A. 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. Causing death by negligence.- Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall… Q.3 What are the basic Civil as well Criminal Provisions as provided in cases of Medical Negligence? The framework of the, Any act under Section 304(a) is a bailable offence under the IPC. The elements under Section 304A makes death by negligence outside the range of Sections 299 and Sections 300 of IPC. 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.” The degree of negligence must be much higher, i.e., gross one of a very high degree in criminal negligence. Rash driving or riding on a public way is defined under Sec. Civil liability i.e. However, the police is not registering FIR yet. The defence claimed that the girl entered the road out of nowhere. The Supreme court did allow probation after regarding the context of the case. Section 304A of the IPC and compare it with Section 304 IPC. IPC Section 304A. 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. They cannot be reprimanded for not using an alternative method that might or might not have brought the desired result. Criminal negligence against Section officer of the electric company not proved. 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 defence argued that the patient was at the last stage of cancer. 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. CRIMINAL MEDICAL NEGLIGENCE UNDER SECTION 304-A IPC Criminal Medical Negligence is governed by Section 304A of the Indian Penal Code. Culpable Homicide either amounting to murder or not; and 2. eg accidentally death caused , death in medical cases It can be defined as misconduct by a medical practitioner or doctor, and causes many deaths and illnesses each year. Negligence means failure to take proper care of something OR breach of duty of care which results in damage. The act of causing death by negligence is covered under Section 304A of the Code. In this video of Medical Training Program Adv. 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. 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. 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 … 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. Elements of rashness and negligence are essential constituents of an offence punishable under Section 304A of the Indian Penal Code. There was insufficient evidence of the girl coming out of nowhere and also the fact that the driver was driving on the wrong side. The act of “Negligence” is open to interpretation based on the actions of the defendant in each case. 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. 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. Complaint was filed against doctor and hospital with all relevant records. That such act causing death must be a rash and negligent act. 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. Negligence becomes actionable on accident of injury resulting from the act or omission amounting to negligence attributable to that person sued. 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 … Medical negligence law in India is covered under the criminal act of death by negligence . But the medical representative is not directly liable to the patient instead he/she is legally responsible for such act of medical malpractice. Death due to electrocution. Medical Negligence under Section 304A of IPC. According to this Section, a person who is held liable for causing the death by negligence can be punished for the two-year jail … Punishment for Culpable Homicide is mentioned under section 304 and is imprisonment up to 10 years with or without fine. 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. 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