Threats And Intimidation Offences
1. Criminal Negligence
Definition
Criminal negligence refers to a gross deviation from the standard of care that a reasonable person would exercise, resulting in harm to another person. It is more than mere carelessness; it involves reckless disregard for the safety of others.
Key Elements
Duty of care existed.
Breach of that duty through action or omission.
Breach caused foreseeable harm.
The conduct is grossly negligent or reckless, not merely ordinary negligence.
Legal Provisions
Indian Penal Code (IPC) Section 304A – causing death by rash or negligent act.
Example: Death caused by careless driving.
2. Culpable Homicide
Definition (IPC Section 299)
Culpable homicide is when an act causes death with knowledge or intention:
Intention to cause death or
Knowledge that the act is likely to cause death
It is categorized into:
Culpable homicide amounting to murder – Section 300 IPC
Culpable homicide not amounting to murder – cases with mitigating circumstances
Key Differences from Criminal Negligence
| Aspect | Criminal Negligence | Culpable Homicide |
|---|---|---|
| Mens Rea | Gross recklessness | Intention or knowledge |
| Result | May cause injury or death | Causes death |
| Punishment | Section 304A IPC – Up to 2 years | Section 299/304 IPC – Varies (up to life imprisonment) |
DETAILED CASE LAWS
CASE 1: K.M. Nanavati v. State of Maharashtra (1962, India)
Facts
Naval officer Nanavati shot his wife’s lover.
He argued it was a sudden emotional outburst.
Issues
Whether the killing was murder or culpable homicide not amounting to murder.
Role of intent in classifying culpable homicide.
Court’s Findings
Intent to cause death was clear → Section 300 IPC (Murder).
Culpable homicide is differentiated by the absence of premeditation or mitigating circumstances.
Outcome
Nanavati initially acquitted by jury, later convicted by Bombay High Court.
Illustrates culpable homicide vs. criminal negligence: intent is central.
CASE 2: State of Rajasthan v. Kashi Ram (2006, India)
Facts
Kashi Ram’s negligence in handling explosives led to death of workers.
Issues
Whether gross negligence can amount to culpable homicide not amounting to murder.
Court’s Findings
Section 304A IPC applies if death occurs due to rash or negligent act.
No intention to kill → criminal negligence, not murder.
Outcome
Convicted under Section 304A IPC.
Important for industrial accidents and negligence cases.
CASE 3: Dr. S. Ganesh v. State of Tamil Nadu (2017, India)
Facts
A surgeon performed surgery without proper sterilization, leading to patient death.
Issues
Whether negligent medical practice can amount to culpable homicide.
Court’s Findings
Gross negligence can cause criminal liability.
Section 304A IPC applies when death results from recklessness rather than intention.
Outcome
Doctor convicted of criminal negligence, fined, and suspended.
Highlights duty of care in professional services.
CASE 4: R v. Adomako (1995, UK)
Facts
An anesthetist failed to notice an oxygen tube disconnection during surgery.
Patient died.
Issues
Whether gross negligence in professional duty constitutes manslaughter (culpable homicide).
Court’s Findings
Gross negligence manslaughter is established when duty of care exists and its breach causes death.
Anesthetist’s failure amounted to gross negligence.
Outcome
Convicted for gross negligence manslaughter.
Famous case illustrating criminal negligence in medical profession.
CASE 5: R v. Bateman (1925, UK)
Facts
Doctor’s negligent delivery caused mother’s death.
Issues
Definition of gross negligence.
Court’s Findings
Court established that liability arises if conduct shows reckless disregard for life and safety.
Mere errors of judgment don’t constitute criminal liability.
Outcome
Conviction upheld.
Sets precedent for medical and professional negligence.
CASE 6: State of Punjab v. Gurmit Singh (1996, India) – Upholding Rape-Murder Culpable Homicide
Facts
Accused caused death during sexual assault.
Issues
Whether death during another crime (rape) is murder or culpable homicide.
Court’s Findings
Death caused intentionally or knowledgeably during another felony → Murder (Section 302 IPC).
Distinction from criminal negligence: intentional act causing death vs unintentional death by recklessness.
CASE 7: Mohan Singh v. State of UP (2014, India) – Road Accident Case
Facts
Reckless driving led to multiple deaths.
Issues
Whether negligent driving amounts to criminal negligence or culpable homicide.
Court’s Findings
Court relied on Section 304A IPC – death caused by rash or negligent act.
No intention → criminal negligence.
Established standard for vehicular deaths.
SUMMARY OF PRINCIPLES
Criminal Negligence
Gross carelessness or disregard for safety
Section 304A IPC (India)
Examples: traffic accidents, medical errors, workplace accidents
Culpable Homicide
Intention or knowledge of likely death
Section 299 IPC (India), Manslaughter in UK/US
Can become murder depending on circumstances
Distinguishing Factors
Mens Rea: intention vs gross negligence
Punishment severity: imprisonment, fines, or both
Professional liability: doctors, engineers, drivers
Important Observations
Gross negligence can trigger criminal liability even without intent.
Courts carefully distinguish between errors in judgment and reckless disregard.
International case laws (UK) supplement Indian law in medical negligence and professional duty contexts.
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