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Mens Rea not needed to constitute offense of medical negligence

In Prabhat Kumar Singh vs The State Of Bihar And Ors. Etc, appeals were filed before the Supreme Court against the judgment and order dated passed by the High Court of Judicature at Patna, whereby the summoning order passed by the Court of Additional Chief Judicial Magistrate, Patna was set aside.

The appellant had filed a complaint before the Additional Chief Judicial Magistrate's Court at Patna against the private respondents for offence punishable under Section 304, 316/34 of the Indian Penal Code. The Trial Court after recording the evidence of three witnesses produced by the complainant and other materials on record, was persuaded to issue summons to the private respondents in connection with the stated offence vide order dated 24.12.2016. The private respondents, therefore, assailed that order by way of writ petitions before the High Court.

The SC held that the High Court, in our opinion, completely glossed over the reasons which had weighed with the Trial Court as noted in order dated 24.12.2016, but was impressed by the fact that there was no evidence regarding mens rea, to show malicious or bad intent. This view taken by the High Court is erroneous. For, when it is a case of medical negligence, it need not be because of mens rea as intent. Sans mens rea in the above sense also it would still constitute offence of medical negligence.

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