Jacob Mathew v. State of Punjab is a leading case of Supreme Court on the subject of –
In Jacob Mathew v. State of Punjab, (2005) 6 SCC 1, the Supreme Court held that criminal liability for medical negligence requires negligence of a gross degree. For a…
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Jacob Mathew v. State of Punjab is a leading case of Supreme Court on the subject of –
Answer and explanation
Correct answer C
In Jacob Mathew v. State of Punjab, (2005) 6 SCC 1, the Supreme Court held that criminal liability for medical negligence requires negligence of a gross degree. For a private complaint the Court required prima facie support from a competent doctor's credible opinion. It also directed investigating officers to obtain independent, competent medical opinion before proceeding against the accused doctor. The judgment interpreted former section 304A IPC. The current offence of causing death by a rash or negligent act is in section 106(1) of the Bharatiya Nyaya Sanhita, 2023.
Option feedback
Option A
Incorrect. Guidelines on police encounters were laid down in People's Union for Civil Liberties (PUCL) v. State of Maharashtra, (2014) 10 SCC 635, not Jacob Mathew.
Option B
Incorrect. Jacob Mathew v. State of Punjab does not concern general public service jurisprudence.
Option C
Correct. Jacob Mathew v. State of Punjab, (2005) 6 SCC 1 is the leading three-Judge Bench decision of the Supreme Court on 'Medical Negligence' in criminal law.
Option D
Incorrect. Landmark directions on custodial torture and arrest were laid down in D.K. Basu v. State of West Bengal, (1997) 1 SCC 416.
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