MENS REA IS NOT REQUIRED IN CASE OF MEDICAL NEGLIGENCE

The Supreme Court bench of Justices AM Khanwilkar and Sanjiv Khanna observed that Mens Rea is not required in a case of medical negligence. The bench further observed that before summoning the accused in a medical negligence case, the complainant should lead a medical examination and evidence of the doctor in order to support the complaint made out. 

BACKGROUND 

The complainant filed a criminal medical negligence complaint; in view of the same, the magistrate issued a summon to the accused. The accused challenged the summon before the High Court, which was then quashed on the ground that there was no mens rea to show bad intentions. Hence, the present appeal.

The SC bench viewed High Court's decision as erroneous and said that without mens rea, it would still constitute an offence of medical negligence. The bench further insisted  the required terms laid down in the case of Jacob Mathew vs the State of Punjab shall be followed:  

1. A private complaint shall be only entertained after the complainant provides prima facie evidence in the form of opinion from another credible doctor to support the negligence. 

2. Before proceeding against the accused doctor, the investigation Officer shall obtain an opinion from a government doctor. 

3. The accused doctor shall not be arrested routinely unless his arrest is necessary for the investigation. 

Author: Papiha Ghoshal