The question (6 marks)
Write a note on the criminal liability of a doctor for causing death by a negligent act, with reference to the safeguards laid down by the Supreme Court before a doctor is prosecuted. (6 marks)
MU Module III, criminal liability for medical negligence; pack ch. 03.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Medical Negligence and Remedies of Law and Medicine.
Authorities you will need
- Jacob Mathew v State of Punjab
- Bharatiya Nyaya Sanhita 2023, s. 106(1)
- Dr. Suresh Gupta's case
- John Oni Akerele v The King, Privy Council, cited in Jacob Mathew
- Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.