The Supreme Court has dismissed culpable homicide charges against a doctor accused of causing a patient’s death by instructing a nurse over the phone to administer an injection. Instead, the court ruled that the case should proceed under the lesser charge of death by negligence.
A bench comprising Justices Vikram Nath and Sandeep Mehta ruled that while the doctor’s actions warranted scrutiny, they did not meet the threshold for culpable homicide under Section 304 of the Indian Penal Code (IPC), which carries a punishment of up to ten years in prison. Instead, the trial will continue under Section 304A IPC, which pertains to death caused by negligence and carries a maximum sentence of two years.
The case originated when the doctor allegedly advised a nurse via telephone to administer an injection, which reportedly led to the patient’s death due to an adverse reaction. Initially charged under the more severe Section 304 IPC, the doctor contested the classification, arguing that the incident fell under medical negligence rather than culpable homicide.
The Supreme Court found merit in the appeal, emphasizing that the High Court had already dismissed charges against the nurse involved. Citing legal precedent, the Court ruled that the prosecution’s decision to pursue the more severe charge was not legally sustainable.
Consequently, the trial court has been instructed to proceed under the negligence charge, transferring the case to the appropriate magistrate.