CHANDIGARH: The Punjab and Haryana high court has held that in order to prosecute a doctor for death by negligence, it must be proved that his act was rash and negligent. The death of a patient on reaching home does not alone make the doctor liable.

The HC held, “For offence under Section 304-A (death by negligence) under the Indian Penal Code, it must prove that the act was rash and negligent. The doctor performed surgery and except the fact that subsequently, the patient on reaching home, complained of acute pain, will not be sufficient to conclude that the petitioner doctor was negligent in performing surgery.”

Justice Kuldip Singh passed the order while annulling an FIR registered against Dr Manish Bansal in relation to the death of a patient following an operation. Bansal is a senior medical officer posted in the Fatehabad district in Haryana.

On July 30, 2011, local police booked the doctor under Section 304-A of the IPC following a complaint by the deceased’s father-in-law. The complainant alleged that his daughter-in-law was fit and healthy when she was brought to Guhla hospital for sterilization operation on July 28, 2011. After returning home following the operation, she complained of acute pain and died on the way while she was being taken to the hospital.

It was alleged that she died due to negligence by the doctor. Charges were framed against the doctor by the local court as well.

The doctor thus approached the HC to submit that he was a government doctor and was performing official duties and conducting sterilization operations, but government’s permission was not taken before prosecuting him. He further claimed that the board of doctors opined that the cause of death was shock and hemorrhage but the police still booked him.

On hearing the pleas, the court opined that it had not been alleged that the doctor did not possess necessary qualifications. He performed several operations and there were no complications in other cases.

The HC cancelled the FIR against the doctor. (TNN)