Question 1

What is required to prove criminal negligence?

Accepted Answer

To establish criminal liability under Section 106 of the BNS (formerly IPC 304A), the prosecution must prove that the death was the direct result of a rash or negligent act by the accused, and that the act was the proximate and efficient cause of death without the intervention of another's negligence.

Question 2

How is medical negligence treated in criminal courts?

Accepted Answer

The Supreme Court in Jacob Mathew v. State of Punjab ruled that for a doctor to be held criminally liable, the negligence must be of a very high degree ('gross negligence'). A simple error in judgment or lack of ordinary care is insufficient for criminal prosecution; it must involve a blatant deviation from standard practice.

Question 3

Is police required to obtain an expert opinion before arresting a doctor?

Accepted Answer

Yes, as per Supreme Court guidelines, before a criminal complaint against a medical professional is registered or an arrest is made, the investigating officer must obtain an independent medical opinion from a competent doctor or a board of doctors confirming gross negligence.

Death by Negligence

Overview

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