Telangana High Court: Every Medical Error Is Not Criminal Negligence; FIR Against Diagnostic Staff Quashed
Legal News | 21 August 2026
The Telangana High Court has quashed criminal proceedings against four staff members of a diagnostic centre arising from an allegedly false-positive Hepatitis B screening report, holding that criminal law cannot be invoked for every professional error or lapse.
The ruling came in Manisha Singh & Ors. v. State of Telangana & Anr..
Criminal negligence requires a much higher threshold
Justice N. Tukaramji examined the allegation under Section 336 of the Indian Penal Code, concerning an act endangering life or personal safety. The Court held that mere inadvertence, an error of judgment or an ordinary lapse in due care does not satisfy the criminal standard.
For penal liability, negligence must be gross, reckless and of such a degree that it demonstrates a serious disregard for human life or safety. Conduct falling short of that threshold may still give rise to civil liability or a consumer claim for deficiency in service.
Discrepant screening and confirmatory results
The complainant had received a reactive HBsAg screening result before surgery. A later confirmatory test produced a non-reactive result. The prosecution relied on an expert opinion indicating that a reactive rapid test should ordinarily be followed by confirmatory testing.
The High Court found that the discrepancy did not, by itself, establish criminal negligence. It also noted that the diagnostic report contained a disclaimer that the screening result was not to be treated as the sole basis for diagnosis and required clinical correlation and confirmation.
No specific role attributed to individual accused
The Court separately found that the charge-sheet did not attribute a specific culpable act to each of the four petitioners. Criminal liability is personal unless a statute expressly creates vicarious liability; managerial designation by itself cannot justify prosecution.
The proceedings were therefore quashed.
Why the ruling matters
The decision applies the established distinction between civil medical negligence and criminal negligence. It is particularly relevant to diagnostic errors, laboratory discrepancies and prosecutions initiated against medical administrators without an identified personal role.
Case: Manisha Singh & Ors. v. State of Telangana & Anr., Criminal Petition No. 1226 of 2023.
This report is intended for legal information and is not medical or legal advice for any individual case.