In Jacob Mathew v State of Punjab (2005), what degree of negligence did the Supreme Court require for…
Jacob Mathew required "Gross negligence, or negligence of a very high degree." for criminal negligence, distinguishing civil negligence. Hence "Every error of judgment,…
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In Jacob Mathew v State of Punjab (2005), what degree of negligence did the Supreme Court require for criminal negligence under IPC section 304A (now section 106(1) of the Bharatiya Nyaya Sanhita, 2023)?
Answer and explanation
Correct answer A
Jacob Mathew required "Gross negligence, or negligence of a very high degree." for criminal negligence, distinguishing civil negligence. Hence "Every error of judgment, however reasonable the care taken.", "Any negligence sufficient for civil compensation, with no higher threshold." and "Liability solely because the medical outcome was unsuccessful." do not meet that threshold.
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