Indian Journal of Forensic Medicine & Toxicology

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Novus Actus Interveniens - A Case Report


Affiliations
1 Dept. of Forensic Medicine, T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai, India
2 Dept. of Forensic Medicine, T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai, Iceland
3 Dept. of Pathology, T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai, India
     

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A new unexpected happening which cannot be reasonably a foreseeable complication, may break the continuity of events. Novus actus interveniens occurs with such happening when the legal proceeding in the case will stand modified. The assailant is not held responsible for the death of the victim if death could be attributed to new and unrelated act. Here one case of novus actus interveniens is discussed, where thirty year old person was stabbed with Koyta over abdomen by his friend but he died of dengue after 15 days of admission. In the present case assailant was initially charged under attempt of murder (Section 307 IPC) and after death of victim he was charged under murder (Section 302 IPC). The medical evidence was deposed in the court of law and charge of murder was reverted back to attempt of murder.

Keywords

Novus Actus Interveniens
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  • Reddy KSN. The Essential of Forensic Medicine and Toxicology. 28th ed. Hydrabad. 2011. p 33-34

  • Karmakar RN editor. JB Mukherjee’s Forensic Medicine and Toxicology. 3rd ed. Kolkata academic publishers 2007. p 72

  • Parikh CK. Parikh’s textbook of Medical Jurisprudence, Forensic Medicine and Toxicology. 5th ed. CBS Publisher’s and Distributors. New Delhi 2000.p 1.52

  • Umadethan B. Forensic Medicine. 1st ed. CBS Publisher’s and Distributors. New Delhi 2011. p 24.

  • Park K. Park textbook of Preventive and Social Medicine. 21st ed. Jabalpur Banarsidas Bhanot publisher 2011.p 224-231

  • Bhullar DS. Attempt to murder (section 307 IPC) and medical evidence a case report. JIAFM 2004;


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  • Novus Actus Interveniens - A Case Report

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Authors

Vinod Chaudhari
Dept. of Forensic Medicine, T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai, India
Shailesh Mohite
Dept. of Forensic Medicine, T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai, India
Rajesh Kharat
Dept. of Forensic Medicine, T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai, Iceland
Pawan Sabale
Dept. of Forensic Medicine, T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai, India
Sachin Sonawane
Dept. of Forensic Medicine, T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai, India
Mayura Phulpagar
Dept. of Pathology, T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai, India

Abstract


A new unexpected happening which cannot be reasonably a foreseeable complication, may break the continuity of events. Novus actus interveniens occurs with such happening when the legal proceeding in the case will stand modified. The assailant is not held responsible for the death of the victim if death could be attributed to new and unrelated act. Here one case of novus actus interveniens is discussed, where thirty year old person was stabbed with Koyta over abdomen by his friend but he died of dengue after 15 days of admission. In the present case assailant was initially charged under attempt of murder (Section 307 IPC) and after death of victim he was charged under murder (Section 302 IPC). The medical evidence was deposed in the court of law and charge of murder was reverted back to attempt of murder.

Keywords


Novus Actus Interveniens

References