Adv. Rohit Erande. ©
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 instead of Sec.304-A are imposed and 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..
Lets' see in nutshell ;
Medicos are offended when they are charged with Sec.304 (II) of IPC.
304. Punishment for culpable homicide not amounting to murder.—Whoever commits culpable homicide not amounting to murder shall be punished with 1[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause…