Medical Dialogues
  • Dermatology
Login Register
This site is intended for healthcare professionals only
Login Register
  • MD Brand Connect
  • Vaccine Hub
  • MDTV
    • Breaking News
    • Medical News Today
    • Health News Today
    • Latest
    • Journal Club
    • Medico Legal Update
    • Latest Webinars
    • MD Shorts
    • Health Dialogues
  • Fact Check
  • Health Dialogues
Medical Dialogues
  • Medical News & Guidelines
      • Anesthesiology
      • Cardiology and CTVS
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • ENT
      • Gastroenterology
      • Medicine
      • Nephrology
      • Neurology
      • Obstretics-Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics-Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Urology
      • Laboratory Medicine
      • Diet
      • Nursing
      • Paramedical
      • Physiotherapy
  • Health news
      • Doctor News
      • Government Policies
      • Hospital & Diagnostics
      • International Health News
      • Medical Organization News
      • Medico Legal News
      • NBE News
      • NMC News
  • Fact Check
      • Bone Health Fact Check
      • Brain Health Fact Check
      • Cancer Related Fact Check
      • Child Care Fact Check
      • Dental and oral health fact check
      • Diabetes and metabolic health fact check
      • Diet and Nutrition Fact Check
      • Eye and ENT Care Fact Check
      • Fitness fact check
      • Gut health fact check
      • Heart health fact check
      • Kidney health fact check
      • Medical education fact check
      • Men's health fact check
      • Respiratory fact check
      • Skin and hair care fact check
      • Vaccine and Immunization fact check
      • Women's health fact check
  • AYUSH
    • Ayurveda
    • Homeopathy
    • Siddha
    • Unani
    • Yoga
  • State News
      • Andaman and Nicobar Islands
      • Andhra Pradesh
      • Arunachal Pradesh
      • Assam
      • Bihar
      • Chandigarh
      • Chattisgarh
      • Dadra and Nagar Haveli
      • Daman and Diu
      • Delhi
      • Goa
      • Gujarat
      • Haryana
      • Himachal Pradesh
      • Jammu & Kashmir
      • Jharkhand
      • Karnataka
      • Kerala
      • Ladakh
      • Lakshadweep
      • Madhya Pradesh
      • Maharashtra
      • Manipur
      • Meghalaya
      • Mizoram
      • Nagaland
      • Odisha
      • Puducherry
      • Punjab
      • Rajasthan
      • Sikkim
      • Tamil Nadu
      • Telangana
      • Tripura
      • Uttar Pradesh
      • Uttrakhand
      • West Bengal
  • Medical Education
      • Ayush Education News
      • Dentistry Education News
      • Medical Admission News
      • Medical Colleges News
      • Medical Courses News
      • Medical Universities News
      • Nursing education News
      • Paramedical Education News
      • Study Abroad
  • Industry
      • Health Investment News
      • Health Startup News
      • Medical Devices News
      • Pharma News
      • Pharmacy Education News
      • Industry Perspective
  • MDTV
      • Health Dialogues MDTV
      • Health News today MDTV
      • Latest Videos MDTV
      • Latest Webinars MDTV
      • MD shorts MDTV
      • Medical News Today MDTV
      • Medico Legal Update MDTV
      • Top Videos MDTV
      • Health Perspectives MDTV
      • Journal Club MDTV
      • Medical Dialogues Show
This site is intended for healthcare professionals only
LoginRegister
Medical Dialogues
LoginRegister
  • Home
  • Medical news & Guidelines
    • Anesthesiology
    • Cardiology and CTVS
    • Critical Care
    • Dentistry
    • Dermatology
    • Diabetes and Endocrinology
    • ENT
    • Gastroenterology
    • Medicine
    • Nephrology
    • Neurology
    • Obstretics-Gynaecology
    • Oncology
    • Ophthalmology
    • Orthopaedics
    • Pediatrics-Neonatology
    • Psychiatry
    • Pulmonology
    • Radiology
    • Surgery
    • Urology
    • Laboratory Medicine
    • Diet
    • Nursing
    • Paramedical
    • Physiotherapy
  • Health news
    • Doctor News
    • Government Policies
    • Hospital & Diagnostics
    • International Health News
    • Medical Organization News
    • Medico Legal News
    • NBE News
    • NMC News
  • Fact Check
    • Bone Health Fact Check
    • Brain Health Fact Check
    • Cancer Related Fact Check
    • Child Care Fact Check
    • Dental and oral health fact check
    • Diabetes and metabolic health fact check
    • Diet and Nutrition Fact Check
    • Eye and ENT Care Fact Check
    • Fitness fact check
    • Gut health fact check
    • Heart health fact check
    • Kidney health fact check
    • Medical education fact check
    • Men's health fact check
    • Respiratory fact check
    • Skin and hair care fact check
    • Vaccine and Immunization fact check
    • Women's health fact check
  • AYUSH
    • Ayurveda
      • Ayurveda Giuidelines
      • Ayurveda News
    • Homeopathy
      • Homeopathy Guidelines
      • Homeopathy News
    • Siddha
      • Siddha Guidelines
      • Siddha News
    • Unani
      • Unani Guidelines
      • Unani News
    • Yoga
      • Yoga Guidelines
      • Yoga News
  • State News
    • Andaman and Nicobar Islands
    • Andhra Pradesh
    • Arunachal Pradesh
    • Assam
    • Bihar
    • Chandigarh
    • Chattisgarh
    • Dadra and Nagar Haveli
    • Daman and Diu
    • Delhi
    • Goa
    • Gujarat
    • Haryana
    • Himachal Pradesh
    • Jammu & Kashmir
    • Jharkhand
    • Karnataka
    • Kerala
    • Ladakh
    • Lakshadweep
    • Madhya Pradesh
    • Maharashtra
    • Manipur
    • Meghalaya
    • Mizoram
    • Nagaland
    • Odisha
    • Puducherry
    • Punjab
    • Rajasthan
    • Sikkim
    • Tamil Nadu
    • Telangana
    • Tripura
    • Uttar Pradesh
    • Uttrakhand
    • West Bengal
  • Medical Education
    • Ayush Education News
    • Dentistry Education News
    • Medical Admission News
    • Medical Colleges News
    • Medical Courses News
    • Medical Universities News
    • Nursing education News
    • Paramedical Education News
    • Study Abroad
  • Industry
    • Health Investment News
    • Health Startup News
    • Medical Devices News
    • Pharma News
      • CDSCO (Central Drugs Standard Control Organisation) News
    • Pharmacy Education News
    • Industry Perspective
  • Home
  • News
  • Health news
  • Medico Legal News
  • SC quashes Culpable...

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

Barsha MisraWritten by Barsha Misra Published On 2025-02-21T12:08:14+05:30  |  Updated On 21 Feb 2025 5:44 PM IST
Supreme Court Denies to Examine Issue of Admission of Meritorious Reserved Category Students in open PG medical seats in PIL

Supreme Court of India

  • facebook
  • twitter
  • linkedin
  • whatsapp
  • Telegram
  • Email

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.

Also Read: UP doctor booked for culpable homicide after 12-year-old dies during treatment

"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

Also Read: HC refuses to quash proceedings against doctor charged under IPC 304ii in hair transplant linked death case

Supreme Courtculpable homicidedoctorprescriptioninjection
Source : with inputs
Barsha Misra
Barsha Misra

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.

Show Full Article
Next Story

Editorial

Real-World Case study: Darbepoetin Alfa for Chemotherapy-Induced Anemia in Metastatic Breast Cancer - Dr Aditya Murali

Real-World Case study: Darbepoetin Alfa for Chemotherapy-Induced Anemia in Metastatic Breast Cancer...

Aspirin in Primary Prevention- When to Consider?

Aspirin in Primary Prevention- When to Consider?

Featured image representing medico legal

What's the Role of Expert Opinion in Medical Negligence?

7- Point Discharge Protocol for AECOPD: Time to Inculcate in Practice

7- Point Discharge Protocol for AECOPD: Time to Inculcate in Practice

Aspirin Use in Women Aged 40-50 with Diabetes and Hypertension: Identifying the Ideal Candidates

Aspirin Use in Women Aged 40-50 with Diabetes and Hypertension: Identifying the Ideal Candidates

View All

Journal Club Today

Real-World Case study: Darbepoetin Alfa for Chemotherapy-Induced Anemia in Metastatic Breast Cancer - Dr Aditya Murali

Real-World Case study: Darbepoetin Alfa for Chemotherapy-Induced Anemia in Metastatic Breast Cancer...

View All

Health News Today

Health Bulletin 09/ May/ 2025

Health Bulletin 09/ May/ 2025

View All
© 2022 All Rights Reserved.
Powered By: Hocalwire
X
We use cookies for analytics, advertising and to improve our site. You agree to our use of cookies by continuing to use our site. To know more, see our Cookie Policy and Cookie Settings.Ok