Supreme Court Quashes Culpable Homicide Charge Against Doctor For Patient's Death After Nurse's Injection Over Phone Instruction, Directs Trial For Negligence

The Supreme Court recently quashed the charge of culpable homicide (Section 304, Part 1 of the Indian Penal Code) against a doctor who gave telephonic instruction to a nurse to administer an injection, which led to a patient's death due to an adverse reaction.

A bench comprising Justices Vikram Nath and Sandeep Mehta but directed the trial court to proceed with the case under Section 304A IPC(death by negligence).

The maximum punishment prescribed for the culpable homicide not amounting to murder under Section 304 Part I IPC is up to ten years imprisonment, a fine, or both. Whereas, the maximum punishment prescribed for death caused by a rash or negligent act under Section 304A IPC is two years imprisonment, a fine, or both.

The Appellant was accused of instructing a staff nurse over the phone to administer an injection, which allegedly led to the patient's death due to an adverse reaction. The prosecution had initially booked him under Section 304 Part I IPC (culpable homicide not amounting to murder), a serious offence carrying imprisonment of up to ten years. However, the defence argued that at most, the case amounted to medical negligence under Section 304A IPC, which attracts a maximum punishment of two years.

Aggrieved by the High Court's decision refusing to quash the culpable homicide case, the appellant appealed to the Supreme Court.

Before the Supreme Court, the appellant argued not only that the case should fall under Section 304A IPC but also that the High Court had already dismissed charges against the nurse who administered the injection, citing the precedent set in Jacob Mathew v. State of Punjab & Another (2005) 6 SCC 1.

Setting aside the High Court's decision, the Court found force in the Appellant's case and stated “the registration of the FIR under Section 304 Part I IPC and the subsequent submission of a police report under Section 173 (2) CrPC also under Section 304 Part I IPC cannot be sustained.”

As a result, the Court allowed the appeal, dismissing the culpable homicide charges against the accused and directing the trial court to proceed with the case under Section 304A IPC for death caused by negligence.

“We accordingly allow the appeal, quash the impugned order(s), direct the Trial Court to waive the accusation under 304 Part I IPC and to proceed after reading over accusation under Section 304-A, IPC. The Sessions Judge will transmit the record to the Competent Magistrate assigned to deal with such matters for proceeding further with the trial.”, the court held.

Case Title: DR. MOHAN Versus THE STATE OF TAMIL NADU & ANR.

Click here to read/download the judgment

Appearance:

For Petitioner(s) : Mr. Vikas Mehta, AOR Mr. Ankit Vashisht, Adv.

For Respondent(s) :Mr. Sabarish Subramanian, AOR Mr. Vishnu Unnikrishnan, Adv. Ms. Jahnavi Taneja, Adv. Mr. Avinash Tripathi, Adv. Mr. Gourav Dahiya, Adv. Mr. Danish Saifi, Adv.