Section 304A of the IPC addresses the offense of causing death by a rash or negligent act that does not amount to culpable homicide. This provision is crucial in cases where the accused's actions, though not intentional, result in the death of another person.
The Essential Elements of Section 304A involve:
- Death of an Individual: The victim must have died as a result of the act.
- Rash or Negligent Act: The death must be a direct consequence of a rash or negligent act by the accused.
- No Intention or Knowledge: The act should not amount to culpable homicide, meaning there was no intention or knowledge that it could result in death.
Due rising instances of vendetta FIR agasint innocent practitioner's the judiciary has evovled some protections by virous case laws which mandate obtanining of the Medical Opinion by the Investigative Agency (Police) prior to registering a formal FIR.
- Jacob Mathew v. State of Punjab (2005)- The Supreme Court has suggested that a report from a medical board should be obtained before filing an FIR. This ensures that the police have a comprehensive understanding of the medical context and that any legal action is informed by expert opinion.
- Lalita Kumari v. Government of Uttar Pradesh (2013)- The Supreme Court ruled that registration of a First Information Report (FIR) is mandatory under Section 154 of the Code of Criminal Procedure if the information discloses a cognizable offense. However, in cases like medical negligence, a preliminary inquiry may be conducted to ascertain whether a cognizable offense is disclosed. This inquiry helps ensure that frivolous complaints do not lead to unnecessary legal proceedings.
