New Delhi: The Supreme Court of India has quashed the culpable homicide charge against a doctor who allegedly instructed a nurse over the phone to administer an injection that resulted in a patient’s death due to an adverse reaction. However, the court directed the trial to proceed under Section 304A of the Indian Penal Code (IPC), which pertains to death by negligence.
A bench comprising Justices Vikram Nath and Sandeep Mehta ruled that the charge under Section 304, Part I (culpable homicide not amounting to murder) could not be sustained. Instead, the court held that the case should fall under Section 304A IPC, which carries a maximum punishment of two years imprisonment or a fine, significantly lower than the ten-year imprisonment under Section 304, Part I IPC.
Background of the Case
The appellant doctor was accused of instructing a staff nurse over the phone to administer an injection, which allegedly caused a fatal adverse reaction in the patient. The prosecution initially charged him under Section 304, Part I IPC, a serious offense carrying imprisonment of up to ten years. However, the defense argued that the case amounted to medical negligence, which falls under Section 304A IPC, a lesser offense.
After the High Court refused to quash the culpable homicide charge, the appellant approached the Supreme Court, citing the Jacob Mathew v. State of Punjab & Another (2005) 6 SCC 1 precedent, where the court had dismissed charges against a nurse in a similar case.
Supreme Court’s Ruling
The Supreme Court found merit in the appellant’s argument and held that the FIR and charge sheet under Section 304, Part I IPC were not legally sustainable. As a result, it quashed the culpable homicide charge and directed the trial court to proceed under Section 304A IPC.
“We accordingly allow the appeal, quash the impugned order(s), and direct the Trial Court to waive the accusation under Section 304, Part I IPC and to proceed under Section 304A 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 ruled.
This ruling marks a significant distinction between culpable homicide and medical negligence, emphasizing that doctors cannot be held criminally liable for medical decisions unless gross negligence is established.
