Advocate Varnita Rastogi is a Allahabad based lawyer and has been practising law since 2017. She has... Read More
What Is Rash And Negligent Act
How do we differentiate between the Rash And Negligent Act?
- Sector-1, Noida
A rash act is primarily an over hasty act. It is opposed to deliberate act. It basically denotes want of proper care and caution and connotes and overt act with a consequence of risk that evil consequences might follow but with hope it will not happen.Negligence is a breach of duty imposed by law. Negligence may be either civil or criminal negligence depending upon the nature and gravity of the negligence.Criminal negligence is gross and culpable, neglect or failure to exercise reasonable and proper care to guard against injury, either to public generally, or to an individual in a particular, which having regard to al the circumstances out of which charge has arisen, it was duty of person to have adopted.A Person Convicted Under Section 304A, I.P.C is not entitled to the benefit of probation and lenient Punishment- The apex court in Dalbir Singh, rejected the plea of the accused driver for invocation of the benevolent provision of Section 4 of the Probation of the Offenders Act, 1958.Medical Negligence: There is an “implied undertaking” by the member of medical profession that he would use a fair, reasonable and competent degree of skill. However, a medical practitioner cannot be found guilty merely because in matter of opinion he made an error of judgement. The doctor would not be liable for taking and adopting one course of treatment, whereas other course might have been preferable.
Answered on 28 Sep 2018
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