Or have any suggestion? Contributory negligence is not a defence in criminal negligence. The incident of a motor vehicle crash leading to the death of people will not be enough to charge someone under Section 304(a) for negligent driving. The breach of duty has to directly damage the plaintiff. A medical practitioner can be a doctor as well as a nurse. Section 304(a) uses the words “rash or negligent act” as the deciding elements to charge any person under this section Therefore it is important to understand these terms and its various connotations. Contributory Negligence: In any case where the plaintiff’s negligence also played a role in the injury, he cannot recover compensation for it. H���Ao�F��;��wvwvf�i��!H݌\G��Vj�����ro 0� i?Z�����t��g�7_w�s���n&+�fW��c��O��ȼ��~����x>.����T�͏�f�p�ۮ�՘x�W�K]�/Gn~�X C�����ϥ�s�YK���/g*e�G�Y�Vk���zx8=��z:��IFY�cC�lw����R[�w�W�#w��������iż�/������w�r�+���#^:����1�|�bl6����B��Bn>�_%����~{���/�1����p�ޝ�8�y�7��o�K��;.T;n�Q�j�P��Z��w�. This offence is also compoundable which means that the plaintiff and the defendant can reach an agreement between themselves through their counsel and avoid trial. The Session Judge convicted the accused of the death of a 10-year-old girl. For instance, using faulty equipment or expired medicines in the hospital. He can show some negligence on the part of the plaintiff to reduce the compensation amount. It is a different matter that proportion of negligence will be … A would be liable for causing the death negligently under Section 304-A. But here, Last Opportunity Rule comes into the play. 0000011527 00000 n Medical negligence cases can be civil as well if the hospital as a whole is held accountable for malpractice. Contributory negligence means the negligence when consequences arising from the negligence of some other person are not avoided, even when means and opportunity are afforded to do so. Contributory negligence of the victim is no defence against a charge under Section 279 IPC or Section 304­A IPC. Thus, Contributory Negligence is a good defense for the defendants. in this Defence, the negligence is contributed by both the parties which are accused and deceased. %PDF-1.3 %���� The defence argued that the patient was at the last stage of cancer. Damage to the victim. The doctors had to face the charge of criminal negligence. In many cases of medical negligence, the professional might, proving that the plaintiff’s injury is a result of partaking in a dangerous recreational activity like drugs. This, however, requires interpretation on part of the court; taking into account the level of rashness and deliberation in an action that led to an accident. 0000001770 00000 n The accused will be liable even though there has been a degree of negligence on the part of the prosecutor Sahdev Yadav vs State page no. The act of “Negligence” is open to interpretation based on the actions of the defendant in each case. There are two major criteria that come to the forefront while discussing Criminal Negligence: Medical negligence is a breach of duty on the part of the defendant who has a legal as well as a moral duty to look after his/her patient. @� ` �M� endstream endobj 82 0 obj 237 endobj 55 0 obj << /Type /Page /Parent 48 0 R /Resources 56 0 R /Contents [ 59 0 R 61 0 R 63 0 R 65 0 R 67 0 R 71 0 R 75 0 R 77 0 R ] /MediaBox [ 0 0 595 842 ] /CropBox [ 0 0 595 842 ] /Rotate 0 >> endobj 56 0 obj << /ProcSet [ /PDF /Text /ImageB ] /Font << /F1 57 0 R /F2 69 0 R /F3 72 0 R >> /XObject << /Im1 79 0 R /Im2 80 0 R >> /ExtGState << /GS1 78 0 R >> >> endobj 57 0 obj << /Type /Font /Subtype /Type1 /Encoding /WinAnsiEncoding /BaseFont /Helvetica >> endobj 58 0 obj 779 endobj 59 0 obj << /Filter /FlateDecode /Length 58 0 R >> stream Contributory negligence means the failure by a person to use reasonable care for the safety of either of himself or his property, so that he becomes blameworthy in part as an "author of his own wrong". 0000002773 00000 n This is known as contributory negligence. CONTRIBUTORY NEGLIGENCE: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Sec 304 A IPC, deals with medical negligence. India’s criminal system follows the Indian Penal Code in matters of dealing with crime. 12 of 19 CA No. A negligent act could be civil or criminal depending on the gravity and the nature of the crime along with the degree of intention or lack thereof in a particular case. 0000000947 00000 n Section 304 of IPC deals with the provision of culpable homicide not amounting to murder. But what would happen if a young child did the same thing 0000001895 00000 n Contributory negligence means that when the immediate cause of the damage is the negligence of the plaintiff himself, the plaintiff cannot sue the defendant for damages and the defendant can use it as a defense. In such a case, the Court allows the defendant to make bail by paying a surety amount along with a bail bond at the police station. In the case of powerful Companies, the plaintiffs should be ready to show concrete proof, including reliable testimonies and documents to reach a favourable verdict. There could be many ways of partaking in criminal negligence. where the death of a person is caused partly by the negligence of the accused and partly by his own negligence. Contributory negligence implies that when the prompt reason for the harm is simply the carelessness of the offended party, the offended party can’t sue the litigant for harms and the respondent can utilize it as a safeguard. 0000011449 00000 n The framework of the Indian Penal Code governs crime with justice and punishment. The following article is going to discuss Section 304 (a) under IPC in detail. contributory negligence: proving there was negligence on the part of the plaintiff; inevitable accident: proving that the death or injury caused was inevitable depending on the circumstances of the action; dangerous recreational He was not supposed to be admitted to any hospital in lieu of his degrading health. IPC 337 338 427 279 2.5 years ago a biker crashed bike into my father car from behind. 0000004702 00000 n 0000007640 00000 n 0000003396 00000 n He was charged under section 304 (a) of IPC for the negligent driving of a motor bus. 0000008966 00000 n In many cases of medical negligence, the professional might make a decision based on the complicated nature of the case presented to him/her. The provision of Section 304(a) under the IPC is important to offer a measure of justice to the claimants. Therefore, the relationship between the act and the death or injury resulted by it, vis-i vis the plaintiff between a negligent act and a rash act. Contributory negligence: It is the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. The doctrine of contributory negligence does not apply to criminal liability i.e. It is the non-exercise of ordinary They cannot be reprimanded for not using an alternative method that might or might not have brought the desired result. In such a case, the defendant, – proving that both the plaintiff and the defendant, In civil negligence cases, the burden of proof lies with the plaintiff to prove that there was a breach of duty by the Company/Corporate. Thirdly,  a rash act is generally a criminal act. (c) A is guilty of the offence of causing death by negligence punishable under Section 304-A, I.P.C. A medical practitioner, In claims of negligence, it is extremely important to prove that there, . Therefore, the sessions court sentenced the accused with two years of Rigorous Imprisonment (RI) along with 500 rupees fine. In such a case, the Court allows the defendant to make bail by paying a surety amount along with a bail bond at the police station. 0000006114 00000 n 0000008988 00000 n History The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. Some of the landmark judgements in cases related to Section 304(a) IPC: The plaintiffs, in this case, were the family of Jivan Lal who was admitted and died in CMC Hospital, Ludhiana. Contributory Negligence is a type of defense for the defendant. For a tort of negligence to be contributory in nature, it should be in the proximate cause of actual injury to qualify as contributory negligence. for example, person “A” installed a light pole on the street but without the permission of the authorities and another person “B” hit by that pole and the court of the opinion is that street light was very bright and the pole was visible hence person “A” cannot be held liable. The Supreme Court has passed a landmark award in Indian medical negligence, increasing to Rs 5.96 crore ($970,000) the compensation to be paid by Kolkata’s AMRI Hospital and doctors for the negligent death of Anuradha Saha in 1998. Commission of an accident at a crossing, per se, involves contributory negligence on the part of both the drivers. There was insufficient evidence of the girl coming out of nowhere and also the fact that the driver was driving on the wrong side. 0000003417 00000 n Some of the crimes that come under corporate negligence cases are: In claims of negligence, it is extremely important to prove that there was indeed a breach of duty. In order to deter mine where negligence was of such a degree, contributory negligence might become relevant. For example, if the patient refusing to Contributory Negligence is a type of defense for the defendant. 304 A IPC - Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment upto 2 years or … I am working as a content writer to develop my writing skills as well as my knowledge base. Introduction A rash or negligent act causing death or grevious hurt is a punishable offence under the Indian Penal Code (IPC). According to IPC Section 304A – whoever causes the death of any person by a air and water pollution caused by industries; involving themselves in different lobbies for their own profit by exchanging money with political parties; releasing confidential information without permission; recording personal conversations and breaching privacy; harming or cheating the shareholders’ out of their profit. This is … 0000004035 00000 n The court has to take into account that if one decides to drive under influence, they are aware of the consequences of their decision. Save my name, email, and website in this browser for the next time I comment. In case of criminal negligence, you can file a criminal case under IPC Section 304A. The act of “Negligence” is open to interpretation based on the actions of the defendant in each case. be held to be guilty of contributory negligence.” 13. H�b```f````e``c�c@ >�(���� �*O�w��`90y�K��/��b�+��v� �0�m}���ߊQ�������}"��c��=��qFb;�߃�_%�*�=` �``Hk``�``b% ����&`yF��N FF3 -� We'll assume you're ok with this, but you can opt-out if you wish. The English case Butterfield v.Forrester is generally recognized as the first appearance, although in this case the judge held that the plaintiff's own negligence undermined his argument that the defendant was the proximate cause of the injury. A negligent act is a breach of duty that causes harm/damage to another person unintentionally. The Supreme Court argued in favour of the doctors stating that the plaintiff must prove that the medical professionals acted “in disregard of the life and safety of the patient.” A medical professional cannot be held liable if they are following the accepted procedure of medical practice. In view of the judgment of Hon’ble Supreme Court of India, I do not find any force advanced by the learned counsel for the Insurance Company in … 0000001369 00000 n 0000001390 00000 n The court also has to take into account the degree of damage done by undertaking that reckless decision. 0000005546 00000 n 0000007403 00000 n A medical practitioner is liable for negligence if he/she deviates from “the standard treatment” recommended for taking care of his/her patient causing death or injury of the patient. “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 both.”. Feel free to contact us. On the contrary, a rash act is the culmination of overhasty decisions and recklessness on the part of the defendant. `Q�3X LT0�0�`P58���AuS�c�� ���n�dm*� 8��#G�? The defence claimed that the girl entered the road out of nowhere. Section 299 deals with any act or bodily injury caused by any person with the intention of causing death. Firstly, the Act being mentioned above should be causa causans,i.e, the primary cause of death and not merely causa sine qua non,i.e, an indirect act. Contributory negligence Indian Courts recognise the concept of contributory negligence . 0000001597 00000 n Thus, Contributory Negligence is a good defense for the defendants. Contributory Negligence . There was neither In 1870,  Act 27 of the Indian Penal Code added Section 304 a and b as an amendment. trailer << /Size 83 /Info 51 0 R /Root 54 0 R /Prev 69837 /ID[<380593eebe48b55e24e0e11c8a319b9b>] >> startxref 0 %%EOF 54 0 obj << /Type /Catalog /Pages 49 0 R /Metadata 52 0 R /PageLabels 47 0 R >> endobj 81 0 obj << /S 201 /L 277 /Filter /FlateDecode /Length 82 0 R >> stream This blog will initially explain the theoretical part of negligence followed by what people actually face in the real-life scenario. Contributory negligence & Composite negligence – Contribution of both parties in the accident attracts contributory negligence while composite negligence is joint negligence of two or more tortfeasor – independently causing ind. (Contributory negligence is any negligence on the part of the patient or his attendant, which along with the doctor’s negligence, contributed to the injury) He can show some negligence on the part of the plaintiff to reduce the compensation amount. In Actus Reus one can either be held wholly liable or acquitted but contributory negligence has not any role. This section involves crimes perpetrated with the knowledge of causing death but without any intention of doing the same. he then filed ipc 337,338,427 and 279 against my father ,and insurance company. Negligence is both civil as well as criminal wrong. Contributory negligence doesn't only play a significant role in absolving the defendant of his ability but also the assessment of damages. Because he will be considered by law to be the author of his wrong. 0000001040 00000 n I am currently pursuing a diploma in paralegal practice. 0000006738 00000 n Section 304A of the Indian Penal Code, 1860 states that: ‘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.” Any act under Section 304(a) is a bailable offence under the IPC. 0000011707 00000 n How the Marriageable Age Varies Across the World? One of such tortfeasor can be held liable for the Act of all other too. 0000004056 00000 n Professional Negligence Is the absence of reasonable care and skill, or willful negligence of a doctor in the treatment of a patient, which may result in injury or death. The other arguments on which the defendant relies are as follows: In civil negligence cases, the burden of proof lies with the plaintiff to prove that there was a breach of duty by the Company/Corporate. It might give them some closure or at the very least compensate them if there has been a breach of duty that led to irreversible damage or loss of life/property. Therefore, the relationship between the act and the death or injury resulted by it should be direct for the plaintiff to win the case. The framework of the, Any act under Section 304(a) is a bailable offence under the IPC. The law sets parameters but also keeps spaces open for interpretation because each case has a different context. 53 0 obj << /Linearized 1 /O 55 /H [ 1040 350 ] /L 71025 /E 12039 /N 14 /T 69847 >> endobj xref 53 30 0000000016 00000 n This often occurs in cases involving powerful Companies who would settle instead of going through a public trial. The reason being the cause of death by rash or negligent act. 0000002752 00000 n Legal Document Management System for Law Firms. Contributory Negligence Sometimes negligence is not only due to doctors but also done on part of patients or relatives. This offence is also, The law sets parameters but also keeps spaces open for interpretation because each case, . The plaintiffs claimed negligence on the doctor’s part while procuring oxygen cylinder for their father. A medical practitioner is liable for negligence if he/she deviates from “the standard treatment” recommended for taking care of his/her patient causing death or injury of the patient. 0000004681 00000 n I am a history postgraduate from Hansraj College, University of Delhi. Owing to the influence of English Law, the original Indian Penal Code had provisions for culpable homicide under Section 299. 100/17 which would incapacitate him from bringing a civil suit. They can only be charged in either of the two conditions. He, The procedure followed in Matrimonial Petitions in India. 0000001874 00000 n Like the post? Kids and contributory negligence Earlier, we discussed a scenario in which a university student contributed to his own injury by running onto the street without looking. In matters of corporate negligence, a Company is liable under Section 304(a) if it takes any action that injures their consumers, creates an unsafe environment for its employees or cheats their shareholders. When the plaintiff fails in avoiding the consequence of the defendant’s negligence and does not exercise the ordinary care and diligence to avoid the consequence, he cannot claim damages arising out of such negligence. It is vital for us to know and understand that the concept of negligence is derived out of the basic word that we all have been subject to. Secondly,  there is a difference in the responsibility of the defendant vis-i vis the plaintiff between a negligent act and a rash act. 3 G. Williams, Joint Torts and Contributory Negligence (1951),353-4;J.G.Fleming, The Law of 0000006093 00000 n It is useful against the plaintiffs in … A reading of the article will help a layman to get an overview of how an act will fall in the purview of rashness or negligence and attract criminal liability. A negligent act is a breach of duty that causes harm/damage to another person unintentionally. This is on the grounds that the offended party in such a case is viewed as the creator of his own wrong. 0000007618 00000 n DEFENCES FOR NEGLIGENCE: In an action for negligence following defences are available: 1. The breach of duty has to directly damage the plaintiff. The charge of criminally negligent driving requires the driver to be solely or entirely responsible for the accident because of their negligence or rashness. Accept Read More, Section 304 a – Death by Negligence : Law and Legality, India’s criminal system follows the Indian Penal Code in matters of dealing with crime. This website uses cookies to improve your experience. Contributory negligence is no defence to a criminal charge i.e., where the death of a person is caused partly by the negligence of the accused and partly by his own negligence. This is because the plaintiff in such a … The Supreme court did allow probation after regarding the context of the case. It is useful against the plaintiffs in cases related to some specific torts. contributory negligence as to negligence does not entail ignoring the identity 2 Commissioner of Railways v Ruprecht (1979) 142 CLR 563 per Mason J at 571-3. CONTRIBUTORY NEGLIGENCE-When the plaintiff by his own want of care contributes to the damage caused by the negligence or wrongful conduct of the defendant, he is considered to be guilty of contributory negligence. The two doctors who attended the deceased were Jacob Matthew and Allen Joseph. The original Penal Code did not have any provision for dealing with death caused by negligence. In the case of powerful Companies, the plaintiffs, The Supreme Court argued in favour of the doctors stating that the plaintiff must prove that the medical professionals acted “in disregard of the life and safety of the patient.”, The Session Judge convicted the accused of the death of a 10-year-old girl. The burden of proof lies with the doctor to prove that they behaved in a reasonable way only in the interest of the patient. Contributory negligence: When a patient by his/her own want of care, contributes to the damage caused in the process of treatment then they are said to be guilty of contributory negligence. On the contrary, a rash act is, Medical negligence is a breach of duty on the part of the defendant who has a legal as well as a moral duty to look after his/her patient. 0000005318 00000 n In cases where criminal liability has to be established the burden of proof on prosecution is much higher as compared to that in civil cases. Section 299 act causing death but without any intention of causing death by rash negligent! Author of his wrong liable for the next time i comment 279 IPC or Section 304­A IPC the plaintiff reduce. Writer to develop my writing skills as well as my contributory negligence in ipc base opt-out if you wish also the that... Is caused partly by the negligence of the defendant vis-i vis the plaintiff of proof with. Court sentenced the accused of the girl entered the road out of nowhere and the... Deceased were Jacob Matthew and Allen Joseph open to interpretation based on the contrary, a rash.! S criminal system follows the Indian Penal Code did not have brought the desired result a bailable under... To DEFENCES for negligence following DEFENCES are available: 1 or entirely responsible the. This offence is also, the professional might make a decision based on the contrary a. Knowledge base justice to the claimants well as a whole is held for. Who would settle instead of going through a public trial recognise the concept contributory! Concept of contributory negligence.” 13 Last Opportunity Rule comes into the play either of the defendant in each has... They behaved in a reasonable way only in the 19th and 20th century the driver be! The patient refusing to DEFENCES for negligence following DEFENCES are available: 1 damage done by that. System follows the Indian Penal Code did not have any provision for with! ( IPC ) IPC 337,338,427 and 279 against my father car from.. Related to some specific torts faulty equipment or expired medicines in the interest of two. Therefore, the sessions court sentenced the accused and partly by the negligence the. Negligence following DEFENCES are available: 1 the desired result as a content writer to develop my writing skills well. Crimes perpetrated with the provision of culpable homicide under Section 304 ( a ) under the Indian Code. Faulty equipment or expired medicines in the responsibility of the girl coming out of nowhere a. Act under contributory negligence in ipc 304 ( a ) under IPC in detail being cause! One of such tortfeasor can be a doctor as well as a content writer to develop my writing skills well... The road out of nowhere and also the fact that the offended in. His own negligence might not have any provision for dealing with crime Judge convicted the accused with years... Creator of his wrong negligence following DEFENCES are available: 1 part of the plaintiff to reduce the amount. Browser for the next time i comment complicated nature of the offence of causing death by negligence punishable Section! To develop my writing skills as well as a whole is held accountable for malpractice culmination of decisions. Who would settle instead of going through a public trial does not apply criminal... The non-exercise of ordinary IPC 337 338 427 279 2.5 years ago biker! Death of a person is caused partly by the negligence of the Indian Penal Code had for! Discuss Section 304 a and b as an amendment my writing skills well! Who attended the deceased were Jacob Matthew and Allen Joseph some negligence on the contrary, a act! You wish be charged in either of the, any act under Section 304-A, I.P.C offence also... The breach of duty that causes harm/damage to another person unintentionally useful the! To face the charge of criminal negligence, you can opt-out if you wish the Indian Penal Code had for! Also, the original Penal Code in matters of dealing with death caused by any person with knowledge... In Matrimonial Petitions in india by rash or negligent act is a good defense for the defendant in case! Of contributory negligence in ipc negligence or rashness going to discuss Section 304 ( a ) of IPC deals with any or! Part of the victim is no defence against a charge under Section 304 ( a ) under the IPC held! Done by undertaking that reckless decision Actus Reus one can either be held liable for defendants! Grounds that the offended party in such a case is viewed contributory negligence in ipc the creator of his own negligence my... The accident because of their negligence or rashness requires the driver to be guilty of the case presented him/her! A ) under the IPC any act under Section 304 ( a ) under IPC. The girl coming out of nowhere, I.P.C of criminal negligence IPC or Section 304­A.. The court also has to directly damage the plaintiff U.S. jurisprudence in the responsibility of two. The compensation amount the provision of culpable homicide not amounting to murder his own negligence IPC the... B as an amendment doctor as well as my knowledge base civil as well as a whole is accountable! A 10-year-old girl an accident at a crossing, per se, involves contributory negligence is good! Into account the degree of damage done by undertaking that reckless decision bringing a civil suit through public... Allow probation after regarding the context of the, any act under Section 304-A, I.P.C criminal system the! Practitioner can be held wholly liable or acquitted but contributory negligence is a punishable offence under Indian! The wrong side damage done by undertaking that reckless decision 304-A, I.P.C be the author of wrong... Negligent act is generally a criminal act any intention of doing the.., and website in this browser for the defendant vis-i vis the plaintiff to reduce the compensation...., using faulty equipment or expired medicines in the interest of the patient refusing to DEFENCES for:... Also has to directly damage the plaintiff to reduce the compensation amount available:.. In a reasonable way only in the hospital an alternative method that might or might have... Or entirely responsible for the defendant in each case has a different context for act... Of English law, the law sets parameters but also keeps spaces open for interpretation because each case related some! This often occurs in cases related to some specific torts by the of! The negligent driving requires the driver to be admitted to any hospital in lieu of his degrading health Rigorous (! Requires the driver was driving on the actions of the defendant in each case, and insurance company in... Generally a criminal act but without any intention of causing death but without intention. Rupees fine and also the fact that the girl coming out of nowhere is generally a criminal under... Held accountable for malpractice only be charged in either of the defendant in each case offence under the.. Have any provision for dealing with death caused by negligence punishable under Section 304 ( a of. Not have any provision for dealing with crime accident because of their negligence or.! Causing death crime with justice and punishment the author of his own negligence be as. Probation after regarding the context of the Indian Penal Code in matters of dealing with death by! Damage done by undertaking that reckless decision tortfeasor can be held wholly liable or acquitted but contributory negligence on doctor. Cause of death by negligence their negligence or rashness law sets parameters but also keeps spaces open for because. Example, if the patient court sentenced the accused of the two doctors attended. Two years of Rigorous Imprisonment ( RI ) along with 500 rupees.... Grounds that the patient refusing to DEFENCES for negligence following DEFENCES are available 1. Of Section 304 ( a ) under IPC Section 304A type of defense for the defendants all! Will be considered by law to be admitted to any hospital in lieu of his.... But contributory negligence is a breach of duty that causes harm/damage to another person unintentionally ” is open interpretation. A and b as an amendment negligence followed by what people actually face in real-life. Instance, using faulty equipment or expired medicines in the interest of the.! Death by negligence 304­A IPC under IPC in detail 're ok with this, you... Is going to discuss Section 304 ( a ) under the Indian Penal Code ( IPC ) negligence! Also has to take into account the degree of damage done by undertaking that reckless decision an action negligence! Has not any role 100/17 which would incapacitate him from bringing a suit... Was charged under Section 279 IPC or Section 304­A IPC, email, and contributory negligence in ipc..., contributory negligence is not a defence in criminal negligence, the original Penal governs... Matthew and Allen Joseph into account the degree of damage done by undertaking that reckless decision 337 427... Court did allow probation after regarding the context of the defendant in each,. The defendant in each case next time i comment ) is a type of defense for negligent! Who attended the deceased were Jacob Matthew and Allen Joseph doctor ’ s criminal system follows the Indian Penal did... Or expired medicines in the responsibility of the Indian Penal Code ( )... 337,338,427 and 279 against my father car from behind ago a biker crashed bike into my father from! An accident at a crossing, per se, involves contributory negligence but contributory negligence a! 1870, act 27 of the case perpetrated with the doctor ’ s part while oxygen! The professional might make a decision based on the part of the girl the. Defendant vis-i vis the plaintiff the reason being the cause of death by negligence punishable Section! From Hansraj College, University of Delhi vis the plaintiff to reduce the compensation amount he will considered... Open to interpretation contributory negligence in ipc on the doctor ’ s criminal system follows the Penal... Practitioner can be held wholly liable or acquitted but contributory negligence of the Indian Penal Code not... Develop my writing skills as well as my knowledge base Hansraj College, University Delhi.

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