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Imagine some doctor by professional negligence causes
loss of vision or
loss of hearing or
amputation of wrong limb of some patient
BUT NOT DEATH.
Is section 304 IPC of criminal negligence applied in such cases (India) ??

2007-06-17 15:29:01 · 2 answers · asked by Anonymous in Politics & Government Law & Ethics

2 answers

In such a case where the victim loss vision or hearing or any limb the provision of section 304 A Indian Penal Code doesn’t apply which provides Causing death by negligence.--Whoever causes the
death of any person by doing any rash or negligent act not amounting
to culpable homicide shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both. In such case the professional negligence of a medical doctor has not caused death of the victim as provided in this section of the Code. In such a case of professional negligence the provision of section 338 of IPC apply which states Causing grievous hurt by act endangering life or personal
safety of others.--Whoever causes grievous hurt to any person by doing
any act so rashly or negligently as to endanger human life, or the
personal safety of others, shall be punished with imprisonment of
either description for a term which may extend to two years, or with
fine which may extend to one thousand rupees, or with both.
Since permanent loss of vision,hearing or any limb amounts to grevious hurt as provided by section 320 IPC Grievous hurt.--The following kinds of hurt only are
designated as "grievous":-

First.-Emasculation.

Secondly.-Permanent privation of the sight of either eye.

Thirdly.-Permanent privation of the hearing of either ear.

Fourthly.-Privation of any member or joint.

Fifthly.-Destruction or permanent impairing of the powers of
any member or joint.

Sixthly.-Permanent disfiguration of the head or face.

Seventhly.-Fracture or dislocation of a bone or tooth.

Eighthly.-Any hurt which endangers life or which causes the
sufferer to be during the space of twenty days in severe bodily
pain, or unable to follow his ordinary pursuits.

2007-06-17 16:49:39 · answer #1 · answered by vijay m Indian Lawyer 7 · 0 0

You need to go to the India Yahoo Answers to find out.

2007-06-17 15:36:13 · answer #2 · answered by Gypsydayne 6 · 0 0

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