Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
On August 05,2005 a Three Judge Bench of Supreme Court of India of Chief Justice R.C.Lahoti, Justice G.P.Mathur and Justice P.K.Balasubramanyam by order quashed prosecution of a medical professional under Section 304-A / 34 IPC and disposed of all the interlocutory applications that doctors should not be held criminally responsible unless there is a prima-facie evidence before the Court in the form of a credible opinion from another competent doctor, preferably a Government doctor in the same field of medicine supporting the charges of rash and negligent act.
304A is a cognizable offence, which means that the police can act without a warrant for arrest.
Therefore, it is proposed that the Indian Penal Code be amended in such manner that for cases involving complaint with respect to medical negligence, a warrant for arrest from a magistrate would be required before the practitioner could be arrested.
In addition to the punishment specified in section the offender recovery of loss for the damage Caused to the property shall be liable to a penalty of twice the amount of purchase price of medical equipment damaged and loss caused to the property as determined by the Court trying the offender.