Explained: Dolus eventualis in light of murder charge against S.African Indian doc

New Delhi, Oct 10 Indian-origin doctor Avindra Dayanand has been charged with murder in South Africa after one of his patients died following a gall bladder surgery on the operating table.

Dayanand, 35, who is out on a bail of 10,000 rands, turned himself over to the police after the death of Monique Vandayar, a 35-year-old businesswoman and a mother of two. She was referred to Dayanand as a patient in 2019.

The case is adjourned to November 8 for his legal team to make representations to the director of public prosecutions.

Under South African law, a murder conviction hinges on the offender's intention to kill, according to criminal law expert Mannie Witz.

Without intention, the killing is ruled as manslaughter, or culpable homicide as it is known in South Africa.

Dayanand is expected to be tried under the concept of 'dolus eventualis'