This is known as contributory negligence. When the plaintiff fails in avoiding the consequence of the defendant’s negligence and does not exercise the ordinary care and diligence to avoid the consequence, he cannot claim damages arising out of such negligence. 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. I am a history postgraduate from Hansraj College, University of Delhi. The court has to take into account that if one decides to drive under influence, they are aware of the consequences of their decision. Contributory Negligence Sometimes negligence is not only due to doctors but also done on part of patients or relatives. In order to deter mine where negligence was of such a degree, contributory negligence might become relevant. This website uses cookies to improve your experience. This blog will initially explain the theoretical part of negligence followed by what people actually face in the real-life scenario. 0000003396 00000 n 0000007618 00000 n I am currently pursuing a diploma in paralegal practice. India’s criminal system follows the Indian Penal Code in matters of dealing with crime. The court also has to take into account the degree of damage done by undertaking that reckless decision. Contributory negligence of the victim is no defence against a charge under Section 279 IPC or Section 304­A IPC. The reason being the cause of death by rash or negligent act. In cases where criminal liability has to be established the burden of proof on prosecution is much higher as compared to that in civil cases. A medical practitioner is liable for negligence if he/she deviates from “the standard treatment” recommended for taking care of his/her patient causing death or injury of the patient. In case of criminal negligence, you can file a criminal case under IPC Section 304A. In matters of corporate negligence, a Company is liable under Section 304(a) if it takes any action that injures their consumers, creates an unsafe environment for its employees or cheats their shareholders. 0000004702 00000 n In such a case, the Court allows the defendant to make bail by paying a surety amount along with a bail bond at the police station. 3 G. Williams, Joint Torts and Contributory Negligence (1951),353-4;J.G.Fleming, The Law of 0000003417 00000 n A medical practitioner, In claims of negligence, it is extremely important to prove that there, . 0000001597 00000 n Section 304(a) uses the words “rash or negligent act” as the deciding elements to charge any person under this section Therefore it is important to understand these terms and its various connotations. Contributory negligence Indian Courts recognise the concept of contributory negligence . The doctrine of contributory negligence does not apply to criminal liability i.e. The law sets parameters but also keeps spaces open for interpretation because each case has a different context. The breach of duty has to directly damage the plaintiff. %PDF-1.3 %���� Commission of an accident at a crossing, per se, involves contributory negligence on the part of both the drivers. In 1870,  Act 27 of the Indian Penal Code added Section 304 a and b as an amendment. They cannot be reprimanded for not using an alternative method that might or might not have brought the desired result. Section 304 of IPC deals with the provision of culpable homicide not amounting to murder. Any act under Section 304(a) is a bailable offence under the IPC. 0000007640 00000 n Contributory negligence: When a patient by his/her own want of care, contributes to the damage caused in the process of treatment then they are said to be guilty of contributory negligence. The framework of the, Any act under Section 304(a) is a bailable offence under the IPC. Some of the landmark judgements in cases related to Section 304(a) IPC: The plaintiffs, in this case, were the family of Jivan Lal who was admitted and died in CMC Hospital, Ludhiana. How the Marriageable Age Varies Across the World? Sec 304 A IPC, deals with medical negligence. Therefore, the relationship between the act and the death or injury resulted by it should be direct for the plaintiff to win the case. contributory negligence as to negligence does not entail ignoring the identity 2 Commissioner of Railways v Ruprecht (1979) 142 CLR 563 per Mason J at 571-3. The charge of criminally negligent driving requires the driver to be solely or entirely responsible for the accident because of their negligence or rashness. 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