Criminal Negligence

Introduction:

The negligence which is most unique and problematic ground for punishment is criminal negligence.

A crime constitutes actus reus accompanied by mens rea. Criminal negligence is ‘nonfeasance’ in which there is a fault in the failure to foresee avoidable dangers. In some cases, this failure can result in will full blindness where an individual intentionally avoids adverting to the reality of a situation. Two important things which are involved in criminal negligence are :

• It should be more than an excusable accident or mistake, it should not be a mistake in judgment or just carelessness.
• The person should have the knowledge of the danger and he should know that his act can cause danger to an unknown person.

It is a conduct in which a person ignores an obvious or known risk, or he disregards the life and safety of others. State and federal courts consider this behaviour as reckless, where a person acts significantly different from an ordinary person under the same situation. 

Definition

Criminal negligence takes place when the action of a person is completely different from the action of a reasonable person present in the same situation. It is the Act which arises in such a manner that it shows disregard for human life and it endangers the safety of other people around him. Criminal negligence involves extremity in the actions or the behaviour of the person. It requires more requirement of judgment. It is a conduct in which a person’s behaviour is very reckless and outrageous that one clearly observe the difference in behaviour from a reasonable person. In this, the prosecutor will need to prove beyond a reasonable doubt that is the proof of the highest standard available in the court of law that the defendant is guilty. This means that the evidence is so strong that no logical explanation that the defendant acted with criminal negligence is there.

Criminal negligence requires more than :

• Simple carelessness.
• A mistake in judgment or
• Inattention

Proof

In criminal cases, the charges against the defendant are brought by the prosecutor or the state because the conduct of the defendant is considered to be damaging or destructive that it justifies a punishment from the state. The penalties and legal consequences are very harsh and the person who has convicted has to go to jail. The punishment of criminal negligence can be to pay fine, to participate in community service for a large number of hours and also receiving mandatory probation to provision. Once the individual convicted with criminal negligence serves the punishment, then due to the criminal record he finds difficulty in getting a job.

Criminal negligence refers to a conduct of the person which leads to serious bodily injury or death to another person. One very simple example is when the death of a person is caused by driving a motor vehicle under the influence of alcohol and drugs. This conduct of the person is considered as criminally negligent homicide in most of the state.

Acts

The laws of criminal negligence vary from state to state depending on the defendant’s conduct that is whether it is intentional, negligent or reckless, the legal consequences are associated while convicting for criminal negligence. If anyone is facing criminal negligence charges then they should contact a local criminal lawyer who can provide them with proper legal guidance and representation in court.

Section 304A of Indian Penal Code, the statutory of criminal negligence is embodied it states “Whoever causes the death of any person by negligent or rash act which is not amounting to culpable homicide,  will be punished with imprisonment for a term extending to two years or with fine or both”. The burden of collecting the evidence of criminal liability is on the complainant. The person accused will be presumed to be innocent till proof beyond a reasonable doubt is adduced by the prosecution. Section 299 and 304A are mutually exclusive that is if the death is caused by the act of negligence then it cannot be considered as a culpable homicide but if a charge of section 304 [punishment for culpable which is not amounting to murder] and section 304A both are framed then if the culpable homicide is proved then the charge of section 304A would fail.

The citizens are becoming more and more conscious, they are filing more cases against doctor under Consumer Protection Act, 1986 and doctors are also being prosecuted under section 304 A (causing death of any person by doing any negligent or rash act which does not amount to culpable homicide) of Indian Penal Code, under section 336 (Rash or negligent act endangering human life), section 337 ( causing hurt to any person by doing rash or negligent act which would endanger human life or section 338 of Indian Penal Code (causing grievous hurt to any person by doing any rash or negligent act so as to endanger life). It has been observed by the court that allegations of rashness or negligence are often filed against doctors by people who are having inadequate medical knowledge for extracting unjust compensation. These incidents force the doctor to seek bail from escaping arrest they are also in an embarrassing situation and it is also causes harassment to the doctor. If they are not at bail, they suffer incarceration. In the end, the doctors may be exonerated of the charges but by that time they would have suffered a loss of reputation which is irreversible. So these situations have to be curved as the medical profession is a very noble service. It should be protected from unjust prosecution. Keeping this in mind following laws are made :

• A simple error of judgment, lack of care or an accident even fatal will not be culpable medical negligence. If a practice acceptable to the medical profession is followed by the doctor at the relevant time, he can not be held liable for negligence just because there was a better method available for treatment or more skilled doctor would have chosen to follow that practice.

• If the professionals do not possess the requisite skills which they claim or if they do not exercise with reasonable competence the skill they have then they are liable for the negligence.

• Though in section 304A of Indian Penal Code the word gross is not used but when professionals are concerned it is to be read as to insist on proof of gross negligence for the finding of guilty.

• The doctors who are accused of rationales or negligence should not be arrested because charges have been levelled against them, this can be done only if it is necessary for further investigations or collecting evidence or the investigator officer fears that the accused will abscond.

In section 304A ‘rash or negligence’ is not Actus Reus but Actus Reus is death. Negligent or a rash act is Mens Rea in section 304A. In Jacob Mathew v. State of Punjab (2005) Supreme Court held that whenever the act is done negligently or rationally then the mind is always in an indifferent state. Rash means a hazardous act with indifference towards consequences and negligence means the duty of care and this duty is breached. For example, when a person is driving a car, he has some duty towards people on the road. The person driving the car may not hope that he commits something wrong but he undertakes the wrongful act with an indifferent behaviour towards the consequence. The above case is settled off that every kind of negligence is not always criminal liability only gross negligence falls under section 304A. Negligence which is other than gross falls in the law of tort. Gross negligence includes:

• The doctor performs a treatment for which he is not skilled.

• The doctor is skilled for a particular treatment but still, it does the treatment in a wrong manner which no other doctor of prudent mind would have performed. For example, conducting surgery without anaesthesia.

• Though the doctor is skilled yet he refuses to perform the treatment. Despite gross negligence, doctors should not be arrested perse, prima facie, there must be a concurrent opinion taken by the government doctors for arresting, provided in Jacob v. State of Punjab (2005) by Supreme Court as a guideline for arrest.

Tests Conducted on Accused

The test of mens rea element is based on an assessment whether the accused had foresighted the prohibited consequences and desired to cause the consequences to occur. There are three types of test which are :

• Subjective in which the court attempts to establish that the accused was actually preoccupied at the time actus reus was caused.

• Objective there court imputes mens rea elements on the bases that a reasonable individual with the same abilities and general knowledge as the accuse would have.

• Hybrid is the test which is both subjective and objective.

The criminal negligence arises when during the subjective test, the accused has not actually foreseen the adverse consequences of planned actions and has gone ahead of risking the unknown victim by causing injury or loss or even at times death. The accused is considered to be a social dangerous as he has endangered the safety of others in situations where a reasonable person would have foreseen the injury and would have taken preventive measures.

Examples

For criminal negligence, a person must know that their act has created a risk to an unknown person. The defendant must have the knowledge that either is act risk the life of the unknown victim or if in similar situations if there had been a reasonable person then would that person appreciate or foresee this risk. Some of the examples of the act of a person with criminal negligence are :

• A person who is driving at a very high speed and is also typing a text message meets with an accident with a car accident and kills a person is considered as criminally negligent.

• While celebrating a party or a marriage firing a weapon in the air resulting in the death of anyone in the crowd is also considered to be criminally negligent.

• In hot weather leaving a child unattended etc. and if it causes harm to the child then it is criminal negligence.

• A parent who leaves their three-year-old child alone in the house to enjoy in a bar or goes to see a movie that is, in short, having a good time will face charges for criminal negligence if any mishap happens with the child.

• A person who is driving more than the speed limit in a very dangerous manner and causes a car accident or injures someone will be charged with criminal negligence.

• If in a nursing home nurse forgets to feed a patient who requires her help to eat, causing the patient to starve to death is considered to be criminally negligent.

• A caregiver in a hospital is not paying attention and gives a deadly dose of medication to someone is considered to be criminally negligent.

• If a doctor prescribes addictive drugs to a person who is a drug addict just because the doctor is getting paid for his or her services can be considered to be criminally negligent.

• A parent leaving within the reach of a small child a loaded firearm.

In all the above cases the plaintiff can file a lawsuit and get compensation only if he is able to prove that due to negligence only some type of harm they had to endure.

Conclusion

Criminal negligence will be a crime when it involves involuntary manslaughter. This offence is committed by a person when he unintentionally kills someone. Many legal strategies are taken in into consideration by defence lawyers to challenge allegation regarding the fact that the accused has acted with criminal negligence. It includes :

• The act was committed by the accused as a result of accident or mistake.

• Reasonable care was exercised by the accused.

• The defendant did not know that his act had created a risk to the victim.