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.
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.
Novus Actus Interveniens