Jacob Mathew v. State of Punjab (AIR 2005) - Vrankers judiciary

Jacob Mathew

v.

State of Punjab

(AIR 2005)

Hon’ble Judges: R.C. Lahoti, CJ and G.P. Mathur and P.K.

Balasubramanyam, JJ, Decided on 05-08-2005.

Supreme Court Held:- For negligence, element of mens rea must

exist. Jurisprudential concept of negligence differs in Civil and

Criminal law. In context of medical profession negligence calls for

treatment with difference, so long doctor follows practice acceptable

to medical profession of that day, he cannot be held liable for

negligence merely because better alternative course or method of

treatment also available or more skilled doctor would not have

followed that practice which accused followed. 

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Jacob Mathew v. State of Punjab (AIR 2005)


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