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1 - 10 of 14 (1.50 seconds)Section 114 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
Bombay Hospital And Medical Research ... vs Asha Jaiswal . on 30 November, 2021
In the case of Bombay Hospital and Medical Research
Centre vs. Asha Jayswal, reported in (2021) 0 AIJEL-SC
68074, the Supreme Court while dealing with the civil
appeal against the order of the National Consumer Forum
examine the scope of medical negligence and after
considering the celebrated judgment reported as Jacob
Mathew (supra), held that, simple lack of care, an error of
judgment or an accident is not proof of negligence on the
part of the medical professional. It is further held by the
Supreme Court that, in every case where the treatment is
not successful or the patient dies during surgery, it cannot
be automatically assumed that, the medical professional was
negligent.
Inder Mohan Goswami & Another vs State Of Uttaranchal & Others on 9 October, 2007
Inherent powers under Sec. 482 CrPC though wide
have to be exercised sparingly, carefully and with great
caution and only when such exercise is justified by the tests
specifically laid down in this section itself'. Authority of the
court exists for the advancement of justice. If any abuse of
the process leading to injustice is brought to the notice of
the court, then the court would be justified in preventing
injustice by invoking inherent powers in absence of specific
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provisions in the statute. Discussion of decided cases."
The Indian Medical Council Act, 1956
Section 482 in The Indian Penal Code, 1860 [Entire Act]
The Legal Services Authorities Act, 1987
Malay Kumar Ganguly vs Sukumar Mukherjee & Ors on 7 August, 2009
In the case of Malay Kumar Ganguly vs. Sukumar
Mukherjee reported in (2009) 9 SCC 221, the Apex Court
while dealing with the case of medical negligence, prescribed
three criteria to prove negligence under the criminal law
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and held that, in order to prove negligence, the prosecution
must prove (i) the existence of duty; (ii) a breach of the
duty causing death and (iii) the breach of the duty must be
characterized as gross negligence. The Apex Court further
held that, what is or is not negligence involves a
consideration of what which reasonable man would or would
not have done in these circumstances. For negligence, to
amount an offence, the element of mensrea must be shown
to exist. A negligence which is not such high degree may
provide a ground for action in civil law, but cannot form
basis of prosecution. The criteria to prosecute a medical
professional for which in the given facts and circumstances,
require to be proved that, no medical professional in his
ordinary senses and prudence would have done or failed to
do so.