IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Dr. Mohan vs. State of Tamil Nadu
CRIMINAL APPEAL NO(S). 720-722 OF 2025
(ARISING FROM SLP(CRIMINAL) NO(S)4842-4844/2022)
FEBRUARY 12, 2025
Case Background:
The appellant, Dr. Mohan, challenged an order dated 11th August 2021 by the Madras High Court in Crl.O.P. No. 25858 of 2016 and related petitions.
The case arose from P.R.C. No. 20 of 2015, where Dr. Mohan was accused under Section 304 Part I IPC (culpable homicide not amounting to murder) for allegedly instructing a staff nurse to administer an injection over the phone, which led to the patient's death.
Appellant's Argument:
Dr. Mohan, a qualified medical practitioner, argued that the allegations did not constitute an offense under Section 304 Part I IPC.
He contended that the case should fall under Section 304 A IPC (causing death by negligence) instead.
The staff nurse involved had already had her proceedings quashed by the High Court, based on the Supreme Court's decision in Jacob Mathew vs. State of Punjab (2005), which deals with medical negligence.
Supreme Court's Decision:
The Supreme Court agreed with the appellant, stating that the registration of the FIR under Section 304 Part I IPC and the subsequent police report could not be sustained.
The Court quashed the impugned order and directed the Trial Court to proceed under Section 304 A IPC instead of Section 304 Part I IPC.
The case was remanded to the Competent Magistrate for further trial under the appropriate section.
Outcome:
The appeals were disposed of, and any pending applications were also resolved.
The Court emphasized that the charges should be revised to reflect the appropriate level of negligence, rather than culpable homicide.
Key Legal Points:
Section 304 Part I IPC: Pertains to culpable homicide not amounting to murder, requiring intent or knowledge of likely death.
Section 304 A IPC: Pertains to causing death by negligence, without intent or knowledge.
Jacob Mathew vs. State of Punjab (2005): A landmark case that established guidelines for prosecuting medical professionals for negligence, emphasizing the need for gross negligence to establish criminal liability.
Conclusion:
The Supreme Court ruled in favor of Dr. Mohan, reducing the charges from culpable homicide (Section 304 Part I IPC) to death by negligence (Section 304 A IPC), aligning with precedents on medical negligence. The case highlights the importance of distinguishing between different levels of culpability in medical malpractice cases.