Law:

Section: 318,304A,previous,319,34

(a) Penal Code (XLV of 1860)--- ----S. 318 [304-A (previous)]----Qatl-i-Khata---Ingredients---Crucial elements of the offence both under the previous S.304-A and the present S.318, P.P.C. are rashness and/or negligence. (b) Penal Code (XLV of 1860)--- ----S. 318---Qatl-i-Khata----Criminal rashness and criminal negligence---Connotation and distinction---Criminal rashness is hazarding a dangerous or wanton act with the knowledge that it is so, and that it may cause injury, but without the intention to cause injury or knowledge that it will probably be caused---Criminality lies in running the risk of doing such an act with recklessness or indifference as to the consequence---Criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper care to guard against injury either to the public generally or to an individual in particular, which having regard to all the circumstances out of which the charge has arisen, it was the imperative duty of the accused person to have adopted. Jamal v. The State 1977 PCr.LJ (?) and Regina v. Idu Beg 1881 3 All. 776, 779, 780 ref. (c) Penal Code (XLV of 1860)--- ----S. 319---Qatl-i-Khata---Negligence in medical profession, when punishable---Prosecution for conviction of a Doctor must prove his negligence of high degree---Mere lack of proper care, precaution and attention or inadvertance might create civil liability, but not a criminal liability---Courts, therefore, have always insisted in the case of alleged criminal offence against Doctor causing death of his patient during treatment, that the act complained against him must show negligence or rashness of such a higher degree as to indicate a mental state which can be described as totally apathetic towards the patient---Such gross negligence alone is punishable. Dr Suresh Gupta v. Govt. of NCT Delhi and another AIR 2004 SC 4091; R v. Adomako 1994 3 All. ER 79 ref. (d) Penal Code (XLV of 1860)--- ----S. 318---Qatl-i-Khata---Medical negligence---Standard of negligence---Crux of law---Offence of Qatl-i-Khata under S.318, P.P.C. insofar as death is caused by a rash or negligent act and in the specific context of Doctors accused of professional…

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