Assume some police officer ,advocate & magistrate act oblivious {UNAWARE} & ignore the guidelines framed by Supreme Court regarding arresting & prosecuting medical professionals for negligence.
And they file & proceed some case of medical negligence under section 304 IPC instead of 304 'A' IPC ignorantly against some doctor.
Because of it that Dr. becomes unnecessorily jailed for a long time & suffers a great loss of reputation and income.
IS not that professional negligence from the side of people who are connected with legal system of India?
Could that Dr.get compensation for all his pains & damages in the form of money in India?
Could that Dr. file criminal complaint against those legal professionals for CAUSING unjust , unlawful & ignorant legal proceeding against him?
2007-07-07 18:35:41 · 2 answers · asked by naresh 1 in Politics & Government ➔ Law & Ethics
Assume that the same advocate & magistrate file complaint against you for contempt of court for asking such question here in yahoo & insist for a term of at least six months imprisonment & fine for this offence, what will you do? So many times I have to tell you guys there is nothing as assumption & presumption in legal system & that too in criminal jurisprudence. Any magistrate who is adjudicating any criminal complaint filed before him applies his mind & the evidence produced before it to charge the accused & punish such an accused based on the evidence & circumstances of the case even if such criminal complaint is filed under a wrong provision of the penal code he is supposed to apply the correct provisions of the penal code & come to a judgement,its never that he will apply the wrong provisions of the penal code ignoring the principle laid down by the Higher courts & do it at his discretion which is not reasonable & unjust. In such a case if the evidence produced him is with regards to act committed by a doctor amounting to negligence that caused death of the victim under section 304A of the Indian Penal Code, then how can the magistrate charge the accused for Culpable Homicide not amounting to murder under section 304 IPC. Any criminal complaint has to be proved by the prosecution by sufficient evidence that is beyond reasonable doubt & circumstances leading to this offence, this is the basic principle of criminal jurisprudence.
2007-07-07 21:03:44 · answer #1 · answered by vijay m Indian Lawyer 7 · 3⤊ 0⤋
an extremely problematic question to reply to. on the inspiration that they left their infants on my own, hazardous then confident they could be punished because it truly is their fault Madeline became abducted yet on the different hand the different 2 infants have lost their sister and suffered entire interuption to their lives. i think of they could stay with their mothers and fathers. additionally Gerry and Kate will in no way forgive themselves and that they understand what they did became incorrect. i think of it is almost punishment adequate. hence i do no longer think of they could bypass to penitentiary yet I do think of they could be pronounced and monitored etc xxx
2016-10-20 06:18:36 · answer #2 · answered by ? 4 · 0⤊ 0⤋