The Supreme Court recently comprising of a bench of Justices AM Khanwilkar and Sanjiv Khanna setting aside a judgment of the Patna High Court as well as the summoning order issued by the Trial Court, has ruled Mens Rea as intent not required in Medical negligence cases. (Prabhat Kumar Singh vs. State of Bihar)
The Bench observed that in its opinion, the High Court “was impressed by the fact that there was no evidence regarding mens rea, to show malicious or bad intent. This view taken by the High Court is erroneous. For, when it is a case of medical negligence, it need not be because of mens rea as intent”.
Facts of the case
In this case, the complainant filed a medical negligence complaint under section 304, 316/34 of the Indian Penal Code,1860. The Trial Court issued summons to the accused. Challenging the summons order, the accused approached the High Court, which was quashed on the grounds that there was no evidence regarding mens rea to show malicious or bad intent. Therefore the present appeal has been filed before the Supreme Court.
Issue before the Court
Whether without the credible opinion of a professional doctor or insisting medical evidence passed a summoning order, would prejudice the accused?
Courts Observation and judgment
The Supreme Court taking note of the facts of the case opined such a view on the part of the High Court to be "erroneous" and observed, "When it is a case of medical negligence, it need not be because of mens rea as intent. Sans mens rea in the above sense also it would still constitute offence of medical negligence."
The Supreme Court after perusing the details of the case also noted that the trial court did not follow the procedure that was required to prosecute a doctor for criminal medical negligence.
The bench remarked, "Trial Court had summoned the accused without insisting for medical evidence or examination of professional Doctor by the complainant in support of his case made out in the complaint, as directed earlier by the top court in Jacob Mathew Vs. State of Punjab & Anr. Taking note of this fact, the Apex Court bench set aside orders of both the trial court and the High Court."
The court then furhter stated, "We make it clear that the Trial Court may have to call upon the complainant to first examine the professional Doctor as witness in support of the case made out in complaint and then proceed to consider the matter afresh on its own merits and in accordance with law,"
The Supreme Court disposing of the matter also clarified, "We also make it clear that the Trial Court shall proceed in the matter on its own merits without being influenced by any observation made in the two orders which have been set aside or for that matter in this order."
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