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

Post By 24law
February 21, 2025

Pranav B Prem

The Supreme Court has quashed the charge of culpable homicide not amounting to murder under Section 304 Part I of the Indian Penal Code (IPC) against a doctor who instructed a nurse over the phone to administer an injection that allegedly led to a patient's death due to an adverse reaction. However, the Court directed that the trial should proceed under Section 304A IPC, which deals with death caused by negligence.

Background of the Case

The case involved an appeal filed by Dr. Mohan against an order of the Madras High Court refusing to quash the charges against him under Section 304 Part I IPC. The appellant was accused of instructing a staff nurse over the phone to administer an injection, following which the patient suffered an adverse reaction and died. The prosecution charged the doctor with culpable homicide not amounting to murder, an offence punishable with up to ten years imprisonment. However, the appellant contended that the case, at most, amounted to medical negligence under Section 304A IPC, which carries a maximum sentence of two years imprisonment.

Supreme Court’s Observations

A bench comprising Justices Vikram Nath and Sandeep Mehta examined the facts of the case and held that the charge under Section 304 Part I IPC was unsustainable. The Court ruled: "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." The Court also noted that the High Court had already quashed the proceedings against the nurse who administered the injection. It relied on the Supreme Court’s decision in Jacob Mathew Vs. State of Punjab & Another (2005) 6 SCC 1, which laid down the principles for determining medical negligence in criminal cases.

Key Legal Distinctions Between Sections 304 and 304A IPC

Section 304 Part I IPC applies to cases where a person commits an act with the knowledge that it is likely to cause death but without the intention to cause death. The punishment for this offence can extend up to ten years imprisonment. On the other hand, Section 304A IPC deals with causing death by a rash or negligent act and is punishable with up to two years imprisonment. In clarifying the appropriate charge, the Court found merit in the appellant’s argument that the case fell within the ambit of Section 304A IPC rather than Section 304 Part I IPC.

Supreme Court’s Directions

The Supreme Court allowed the appeal and directed the trial court to modify the charges accordingly: "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."

With this ruling, the Court reaffirmed the distinction between culpable homicide and medical negligence, emphasizing that criminal liability for doctors must be assessed with caution. The trial will now proceed under Section 304A IPC, which requires proof of negligence rather than knowledge of a fatal consequence.