Indian Journal of Forensic Medicine & Toxicology
  • Year: 2013
  • Volume: 7
  • Issue: 1

Novus Actus Interveniens - A Case Report

  • Author:
  • Vinod Chaudhari1,, Shailesh Mohite2, Rajesh Kharat1, Pawan Sabale1, Sachin Sonawane1, Mayura Phulpagar3
  • Total Page Count: 34
  • Page Number: 254 to 287

1Assistant Professor, Dept. of Forensic Medicine, T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai

2Professor and Head, Dept. of Forensic Medicine, T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai

3Associate Professor, Dept. of Pathology, T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai

*Corresponding author: Vinod A. Chaudhari, Assistant Professor, Dept. of Forensic Medicine T.N. Medical College & B. Y. L. Nair Ch. Hospital, Mumbai -400 008 Maharashtra State (India), Phone No. 09323363854, Email: drvinod_chaudhari@yahoo.com

Online published on 21 February, 2013.

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