Criminal Liability Threshold In Cases Of Medical Negligence

Aditi Shandage, School of Law, Christ (deemed to be) University

ABSTRACT

The present paper tries to analyze various case laws dealt in the Supreme Court and High Courts of India which have had doctors and the hospitals criminally liable in cases of medical negligence. Article 304 A of the Indian Penal Code of 1860 deals with negligence in general and sets out general standards. Therefore, ideally the prerequisites to hold a person or an organization criminally responsible is that of mens rea and the degree of negligence. The present paper after analyzing the Supreme Court’s Jacob Mathew ruling highlights that having a negligent act of a degree is sufficient to hold a person criminally liable and satisfying the element of mens rea is not essential. The paper starts with discussing philosophical theories of negligence which further links medical negligence towards criminal liability in certain circumstances over civil liability. In the next part of the paper the provisions of Consumer Protection Act 2019 and the Indian Penal Code of 1860 which deal with aspects of negligence are discussed and the ambiguity of these provisions in dealing with medical negligence amounting to criminal liability is highlighted. In conclusion the paper provides a general threshold for criminal liability in medical negligence cases after analyzing a plethora of case laws.

Keywords: Criminal, civil, degree, liability, mens rea, negligence, prerequisites, threshold