Section 304-A IPC Archives

doctor's negligence directly causes death

S. 304-A IPC attracted only when death is direct or proximate result of doctor’s rash or negligent act: Kerala HC

“While negligence was an omission to do something which a reasonable man would do, or the doing of something which a prudent and reasonable man would not do, medical negligence occurred when a healthcare professional breached his duty of care, causing harm to a patient.”

Case Briefs High Courts

Principle of res ipsa loquitur in stricto sensu shall not apply to cases falling under Section 304-A of Penal Code, 1860: Uttaranchal High Court

“The res ipsa loquitur is applicable in a civil action under the tort and the same cannot be pressed into service in a criminal case to prove negligence.”

Case Briefs High Courts

Bom HC | Ayurvedic certificate holder who trespassed into field of Allopathy thereby causing death of two persons convicted for causing death by negligence

Bombay High Court: Swapna Joshi, J. partly allowed a criminal appeal and altered the conviction of the appellant — an Ayurvedic certificate holder

Case Briefs High Courts

Bom HC | Not turning up on duty establishes prima facie case against a medical officer for death of patient; quashing of case registered under S. 304-A denied

Bombay High Court: A Bench of T.V. Nalwade and Mangesh S Patil, JJ., refused to quash a criminal case registered against a Medical