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Essay On Criminal Negligence

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Criminal Negligence is one of such offences which a medical professional is exposed to as far as criminal liability is concerned. The criminal law has invariably placed the medical professionals on a pedestal different from ordinary mortals.
Very rarely can a doctor be prosecuted for murder or attempt to murder as doctors never intend to kill their patients, and hence do not possess the required level of guilty intention. When doctors administer a treatment involving the risk of death, they do so in good faith and for the patient 's benefit.
Under the Indian Penal Code 1860 (45 of 1860) Section 304A, 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 …show more content…

The involuntary causing of death, without either rashness or negligence, should under no circumstances be punished as murder.
According to a recent Supreme Court decision , the standard of negligence required to be proved against a doctor in cases of criminal negligence (especially that under Section 304A of the IPC) should be so high that it can be described as 'gross negligence ' or 'recklessness ', not merely lack of necessary care. Criminal liability will not be attracted if the patient dies due to error in judgment or accident. Every civil negligence is not criminal negligence, and for civil negligence to become criminal it should be of such a nature that it could be termed as gross negligence.
Apart from criminal negligence, a doctor can also be punished for various other offences as stated in the Indian Penal Code 1860 (45 of 1860)

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