Jacob Mathew v State of Punjab (2005)

BNS · Culpable Homicide & Murder

Facts.

A doctor was prosecuted under s.304A when a patient died allegedly for want of an oxygen cylinder.

Issue.

What degree of negligence makes a doctor criminally liable?

Held.

Only gross negligence or recklessness makes a professional criminally liable; a mere error of judgment or the ordinary risk of treatment is not enough. Guidelines were laid down to protect doctors from casual prosecution.



📄 Full BNS notes + Question Bank (₹199) — every topic in depth, model answers to all past exam questions, in one printable PDF. Get the bundle · All landmark cases · All BNS topics

Info

download our exam preparation kit for your exam