Supreme Court · 2005 INSC 334 · Decided 5 August 2005
Jacob Mathew v. State of Punjab and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 334 · [2005] SUPP. 2 S.C.R. 307
- Case number
- CRIMINAL APPEAL No. 144/2004
- Decided
- 5 August 2005
- Bench
- R.C. LAHOTI, G.P. MATHUR, P.K. BALASUBRAMANYAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC
Headnote
Penal Code 1860, A B Sections 304-A, 88, 92, 93~riminal liability for Medical Negligence­ Death due to medical negligence-Criminal liability of doctor-Held, to C prosecute a medical professional for criminal negligence it must be shown that the accused doctor did something or failed to do ordinary senses and prudence would have done or failed to .do-Hazard taken by the accused doctor should be of such a narure that the resultant i'?iury was most likely D imn1inent-Onfacts, held, doctor can not be p1oceeded against under S. 304- A as it is a case of non-availability of oxygen
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