Death by Medical Negligence Not Culpable Homicide: Kerala High Court

The Kerala High Court has held that a death caused by medical negligence does not amount to culpable homicide not amounting to murder as punishable under Section 304 of the IPC. 

The Court clarified that criminal liability arises only when there is clear intent or gross negligence. Ordinary negligence, while it may lead to civil or disciplinary action, does not attract criminal charges like culpable homicide.

Dismissing a criminal complaint against a doctor, the Court observed that exposing medical professionals to criminal prosecution for every mistake would discourage them from performing their duties, which is against public interest.