Supreme Court Quashes Culpable Homicide Charge Against Doctor For Patient’s Death

The Supreme Court quashed the charge of Culpable Homicide (Section 304, Part 1 of the Indian Penal Code) against a doctor instructing a nurse to administer an injection, which led to a patient’s death due to adverse reactions.

The bench directed the trial court to proceed with Section 304 Part I IPC (death by negligence) holding that the death was caused by negligence, citing the Jacob Mathew v. State of Panjab & Another(2005) 6 SCC1.

However, the FIR under Section 304 Part I IPC cannot be sustained.

Henceforth, the court directed that the Sessions Judge will transmit the record to the Competent Magistrate to deal with the trial.