SC quashes Culpable Homicide Charges against Doctor for prescribing injection over phone

New Delhi: The Supreme Court has quashed culpable homicide charges against a doctor who prescribed injections to a patient over the telephone. When the duty nurse administered the prescribed injections to the patient, her condition allegedly deteriorated, leading to her death.

After being booked under Section 304 Part I of the Indian Penal Code (culpable homicide not amounting to murder), the doctor challenged the same before the Madras High Court and later the Supreme Court.

While considering the matter, the Apex Court bench comprising Justices Vikram Nath and Sandeep Mehta noted that while the doctor may be held accountable for negligence, the charge should be under Section 304A of the Indian Penal Code (IPC) (causing death by negligence) rather than the graver Section 304 Part I, HT has reported. 

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"Considering the facts and circumstances of this case, we are of the view that the registration of the FIR under Section 304 Part I of IPC and the subsequent submission of police report under Section 173(2) of CrPC also under Section 304 Part I IPC cannot be sustained," the top court bench observed in its February 12 Judgment, which was released on Thursday, Hindustan Times has reported.

While persons held accountable under Section 304 Part I (culpable homicide not amounting to murder) may be sentenced to 10 years of imprisonment, those held accountable under Section 304 A can be punished with up to two years in prison.

The history of the case goes back to February 21, 2013, when the patient visited a private nursing home at Thiruvallur in Tamil Nadu as she was suffering from headache, vomiting, giddiness, and fever. 

Reportedly, a nurse attended to the patient and administered injections after a telephonic conversation with the doctor in question. Shortly after, the patient became semi-conscious and was referred to a government hospital, where she was declared dead. In the post-mortem report, the reason for her death was mentioned as an acute hypersensitive drug reaction.

Consequently, the patient's husband lodged a complaint and the police registered a case against the doctor under Section 304 Part I of IPC. Taking cognisance of the issue, a judicial magistrate summoned the doctor as an accused. Challenging this order, the doctor approached the Madras High Court. However, the HC bench declined to quash the proceedings in an order dated August 11, 2011. 

It was observed by the HC bench that there was prima facie material to proceed under Section 304 Part I of IPC given that the doctor was not present when the patient was admitted and the doctor instructed the nurse over the phone to administer injections. As per the prosecution, the nurses on those instructions- directly leading to the woman's death.

Challenging the HC order, the doctor appealed before the Supreme Court bench, which relied on the 2005 order in the case of Jacob Mathew. In the case of Jacob Mathew, the Court delineated the threshold for criminal liability in medical negligence cases.

Relying on this order, the Supreme Court bench agreed with the doctor's agreement that even if an act of alleged medical negligence results in death, it does not automatically constitute culpable homicide unless there is intent or knowledge that death would be a likely consequence.

The court directed that the accusation under Section 304 Part I of IPC be waived, and the case be proceeded with under Section 304A of IPC. The sessions judge was instructed to transmit the records to a competent magistrate for trial under the appropriate section to determine the degree of criminal negligence, if any, adds HT

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