https://www.taxtmi.com/caselaws?id=194954 Omission may, in appropriate circumstances, be treated as an act for criminal law purposes, but criminal liability for causing grievous hurt requires gross negligence, moral blameworthiness, and the statutory causal link. A doctor owes a duty of care and may be civilly negligent for breach, yet professional negligence alone is insufficient for penal liability. On the facts, advising exploratory surgery was a plausible medical judgment in a difficult clinical situation, and the failure to personally conduct or attend the procedure, though professionally blameworthy, did not amount to criminal rashness or gross negligence causing grievous hurt under Section 338 read with Section 109 IPC. The ingredients of abetment were also not established. en-us Fri, 13 Sep 2013 00:00:00 +0530 Mon, 09 Oct 2017 10:38:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194954 Omission may, in appropriate circumstances, be treated as an act for criminal law purposes, but criminal liability for causing grievous hurt requires gross negligence, moral blameworthiness, and the statutory causal link. A doctor owes a duty of care and may be civilly negligent for breach, yet professional negligence alone is insufficient for penal liability. On the facts, advising exploratory surgery was a plausible medical judgment in a difficult clinical situation, and the failure to personally conduct or attend the procedure, though professionally blameworthy, did not amount to criminal rashness or gross negligence causing grievous hurt under Section 338 read with Section 109 IPC. The ingredients of abetment were also not established. Case-Laws Indian Laws Fri, 13 Sep 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194954