What is Section 304A IPC and how does it relate to medical negligence?

Answer By law4u team

Section 304A of the Indian Penal Code (IPC) deals with causing death by negligence. It applies when death is caused by any rash or negligent act not amounting to culpable homicide. Text of Section 304A IPC: “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment which may extend to two years, or with fine, or with both.” --- Relevance to Medical Negligence: Doctors can be prosecuted under Section 304A IPC if: - A patient dies due to a grossly negligent or reckless act by the medical professional. - The act falls below the standard of care expected from a reasonably competent practitioner. - There is direct causation between the doctor’s negligence and the patient’s death. --- Important Guidelines from Supreme Court: In Jacob Mathew v. State of Punjab (2005), the Supreme Court laid down strict criteria for applying Section 304A IPC to doctors: - Simple negligence is not enough; there must be gross negligence or recklessness. - Before prosecuting a doctor under Section 304A, a preliminary medical opinion by a competent doctor or board is required. - Courts must protect doctors from unnecessary harassment while balancing the need for accountability. --- Examples of Medical Negligence under Section 304A: - Administering a wrong injection or overdose that leads to death. - Leaving surgical instruments inside the body. - Failure to diagnose a life-threatening condition due to carelessness. --- Punishment under Section 304A: - Up to 2 years of imprisonment, or - Fine, or - Both

Answer By Ayantika Mondal

Dear Client, Text of Section 304A: "Causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. With the enactment of the BNS, effective from July 1, 2024, Section 304A IPC has been replaced by Section 106(1) BNS.This new provision increases the maximum punishment to five years. However, for registered medical practitioners, the punishment is capped at two years, recognizing the unique nature of medical practice. Essential Ingredients of Section 304A: To bring a case of homicide under section 304A, IPC the following conditions must exist, viz., (1) There must be death of the person in question; (2) The accused must have caused such death; and (3) That Such act of the accused was rash or negligent and that it did not amount to culpable homicide. How Does Section 304A Relate to Medical Negligence? Section 304A is the main section under which medical practitioners (doctors, surgeons, nurses, etc.) can be criminally charged if their rash and negligent acts lead to the death of a patient. Jacob Mathew v. State of Punjab (2005): The Supreme Court had said: to prosecute a medical practitioner under Section 304A IPC, the negligence must be gross or of a very high degree. The Court also insisted upon an independent medical opinion before proceeding against a doctor. In a nutshell: Section 304A IPC is the remedy available for prosecuting doctors for death by negligence, but Indian courts, especially after the Jacob Mathew judgment, have held that the degree of negligence should be at the level of "gross" or "reckless." Therefore, procedural safeguards have been erected to ensure that criminal proceedings are commenced only in cases of severe culpability. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.