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Authors

Aparna Chandra

Abstract

Reviewing the decision of the Supreme Court of India in Suresh Gupta v. Government of NCT, Delhi (2004), this case note looks at issues regarding criminal liability for medical negligence that arose in the said case, the decision of the Court and a jurisprudential analysis thereof. The case note suggests that, while the judgement follows well-established precedents in coming to the conclusion that the standard of negligence for attributing criminal liability is that of gross negligence, there are certain conceptual fallacies in the reasoning of the court that need further discussion.

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