What constitutes negligence has been analysed in Halsbury’s Laws of England (4th Edition) Volume 34 paragraph 1 (para 3) as follows : “Negligence is a specific tort and in any given circumstances is the failure to exercise that care which the circumstances demand. The relevant portion of Section 304 of the IPC reads as under:-, “Whoever commits culpable homicide not amounting to murder shall be punished with, … and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with, …… if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death or to cause such bodily injury as is likely to cause death.”. “In a criminal court, on the contrary, the amount and degree of negligence are the determining questions. This aspect is also adverted to in paragraph 1374 of Halsbury’s Laws of England, 3rd Edn. This concept of negligence as a tort is explained in the following manner: The jurisprudential concept of negligence defines any precise definition. The court also has to take into account the degree of damage done by undertaking that reckless decision. But the nature and extent of the injury or damage will be irrelevant in fixing criminal liability for negligence under the sections. It is directed against the offences outside the range of Sections 299 and 300, IPC and covers those cases where death has been caused without ‘intention’ or ‘knowledge’. The event may be harmless or harmful, if harmful, the question rises whether there is legal liability for it. The provisions of this Section apply to cases where there is no intention to cause death and no knowledge that the act done in all probabilities will cause death. The degree of care required in the particular case depends on the accompanying circumstances, and may vary according to the amount of the risk to be encountered and to the magnitude of the prospective injury.”. This supplies an omission providing for the offence of manslaughter by negligence which was originally included in Draft Code, but omitted from the Code when it was finally enacted in 1860. The following article is going to discuss Section 304 (a) under IPC in detail. The following observations of the Supreme Court are worth taking note of. The duty of care is owed only to those persons who are in the area of foreseeable danger, the fact that the act of the defendant violated his duty of care to a third person does not enable the plaintiff who is also injured by the same act to claim unless he is also within the area of foreseeable danger. According to Lord Atkin, “the principle to be observed is that cases of manslaughter in driving motor cars are but instances of a general rule applicable to all charges of homicide by negligence. The Advance Law Lexicon edited by Justice Chandrachud, former Chief Justice of India defines Causa causans as follows: “Causa causans. Moreover, It is also an offence under Indian Contracts Act, Consumer Protection Act and many more. It resides in the proximity of the reckless state of mind to the state of mind present when there is an intention to cause harm. Tel dispose l'article 1382 du Code civil. Section 28 “is conduct which falls below the standard established for the protection of others against unreasonable risk of harm”. There are two major criteria that come to the forefront while discussing Criminal Negligence: Medical negligence is a breach of duty on the part of the defendant who has a legal as well as a moral duty to look after his/her patient. The proximate cause of an injury is the primary or moving cause, or that which in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the accident could not have happened, if the injury be one which might be reasonably anticipated or foreseen as a natural consequence of the wrongful act. An injury or damage is proximately caused by an act, or a failure to act, whenever it appears from the evidence in the case, that the act or omission played a substantial part in bringing about or actually causing the injury or damage; and that the injury or damage was either a direct result or a reasonably probable consequence of the act or omission.”. 304-A, I.P.C, is made out? Unlawful assembly. The defence argued that the patient was at the last stage of cancer. The Supreme Court argued in favour of the doctors stating that the plaintiff must prove that the medical professionals acted “in disregard of the life and safety of the patient.” A medical professional cannot be held liable if they are following the accepted procedure of medical practice. The courts have held that in criminal law, it is not the damage done, but the degree of negligence that determines liability. This would be a civil liability of the doctor under the law tort and/or contract. In the case of powerful Companies, the plaintiffs should be ready to show concrete proof, including reliable testimonies and documents to reach a favourable verdict. 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