ValkyaEditorial

Tagged “mens-rea”

3 articles on mens-rea.

Supreme CourtSupreme Court of India

Supriya Kumari M.C. v. State of Kerala (2026): an anaesthetist's s.304-A prosecution quashed for want of gross negligence and a peer expert

The Supreme Court quashed a criminal medical-negligence prosecution against an anaesthetist, holding that an expert panel without a peer specialist is a fundamental defect, and that a nurse's failure to find the epidural space is at most civil deficiency — not the gross negligence and mens rea that Section 304-A IPC demands.

Valkya Editorial··7 min
High CourtHigh Court of Jammu & Kashmir and Ladakh

J&K High Court closes contempt against Shardul Amarchand (2025): misquoting a judgment is not contempt without wilfulness

A single judge of the Jammu & Kashmir and Ladakh High Court took suo motu cognizance of criminal contempt against the law firm Shardul Amarchand Mangaldas for allegedly misquoting an earlier judgment in a pre-litigation legal notice. A Division Bench closed the proceedings, holding that a bona fide — even erroneous — reading of a judgment is not contempt absent wilful distortion. A digest of the facts, the ratio, and what it means for advocates.

Valkya Editorial··8 min