Arundhathy Vinod, BA LLB (Hons.), National University of Advanced Legal Studies, Kochi, Kerala
ABSTRACT
This paper delves into the legal principles of negligence, giving importance to the difference between civil and criminal negligence, their definitions, and their various forms. It explores the concepts of contributory negligence, composite negligence, and medical negligence. It focuses on the legal provision Section 106 of the BNS (304A of the IPC) which deals with death caused due to negligence and highlights the importance of mens rea in the differentiation of criminal and civil negligence. Through landmark cases such as Jacob Mathew v. State of Punjab, this paper discusses evolving jurisprudence on criminal negligence, especially in the medical field, and the role of intent in determining liability. It concludes by analyzing the balance courts must strike between fairness and accountability when addressing acts of negligence that result in harm or death.
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