Supreme Court Of India quashed the charge of culpable homicide (Section 304, Part 1 of the IPC) against a doctor who gave telephonic instruction to a nurse to administer an injection, which led to a patient's death due to an adverse reaction.

The Supreme Court held that charging Dr. Mohan under Section 304 Part I IPC (culpable homicide not amounting to murder) for a patient’s death caused after a nurse administered an injection based on his telephonic instructions was legally unsustainable. Instead, the Court ruled that the matter constituted medical negligence, if anything, and should be tried under Section 304A IPC (causing death by negligence).

Key Points:

• No intent or knowledge was established to justify a culpable homicide charge.

• The nurse, who acted on the doctor’s instruction, had already been discharged from criminal proceedings.

• The Court relied on the precedent of Jacob Mathew v. State of Punjab (2005), which mandates that only gross negligence by a medical professional justifies criminal prosecution.

• The trial will now proceed before a Magistrate under Section 304A IPC.

Outcome:

The appeal was allowed, the charge under Section 304 Part I IPC was quashed, and the trial was directed to continue under Section 304A IPC for alleged medical negligence.