Errors without clear negligence not criminal

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In the recent case of Mahadev Prasad Kaushik (Dr) v State of UP, the Supreme Court said prosecuting doctors without adequate evidence of their negligence would be a disservice to the community at large.

The bench partly allowed an appeal filed by Kaushik, a doctor who challenged the summons issued by a trial court to prosecute him under section 304 (culpable homicide not amounting to murder) of the Indian Penal Code (IPC) in connection with the death of a patient. Section 304 of the IPC carries a maximum jail sentence of 10 years.

Concerned with the relationship of confidence between a patient and a doctor, the court said such actions would shake the mutual confidence between a doctor and his or her patient.

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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@vsnl.com. Readers should not act on the basis of this information without seeking professional legal advice.

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