Civil and criminal liability for negligence with special reference to UK and India a study

Abstract

The prime focus of this study is on civil and criminal liability for negligence and to analyze the efficacy of current legal framework in India and United Kingdom to determine the liability for negligence. There is no specific statute or legal provisions related to civil and criminal negligence in India except Law of Torts and few provisions of Indian Penal Code. The study elicits the need of uniformity in judicial pronouncements, effective implementation and enforcement of guidelines issued by the courts while deciding the cases related to negligence. The study also emphasizes upon stern handling of negligence related offences and to strike a balance between the rights of patients and the autonomy of doctors especially in the cases of medical negligence through incorporation of set provisions of law and statues related to negligence. newline