Provisions under IPC for negligence and the escape route

[Guest guest]

Dear Members:

I wish to draw your kind attention towards Section 304-A of the Indian Penal

Code, 1860 which stipulates a term of two year imprisonment with fine or both

for criminal medical negligence wherein death of a person is caused by some rash

or negligent act. There is a provision of arrest too.

Sections 337 and 338 of IPC on the other hand cover serious injury excepting

death wherein there is no provision of arrest.

However usually these cases fail in the court of law when the erring physician

proves under section 80 of IPC that whatever happened to the patient has

happened as a result of some accident or misfortune.

There is another escape route provided under section 88 of IPC wherein a doctor

can prove that the (negligent) act was unintentional and done in good faith.

Your comments are solicited on this.

With Regards

Dr Geer M Ishaq