Relief to Doctors in Criminal Action for Negligence : Examining a medical Expert is mandatory before framing of charges - Hon. Supreme Court.
(Adv. Rohit Erande) Pune. ©
There are umpteen number of incidences wherein a patient dies, Doctors get arrested on the alleged ground of Medical Negligence and charges under Section 304-II of IPC are framed instead of Sec.304-A and as a result, the Doctors have to run from this court to that court for bail.. It's the prerogative of Investigating authorities to put the charge or sections, it's legality will be decided by the Courts..
The action for Medical Negligence may be two-fold, Civil action for damages and Criminal Action for punishment and both actions can be initiated simultaneously. In case of Criminal Action, the charge may be framed under Sec.304 (part II) of IPC or Sec.304-A of IPC, depending upon the facts of each case. Lets See in Brief and then we shall proceed to the recent Judgment.
304. Punishment for culpable homicide n…