I have received a call from a police station asking me to go there and give my statement in a case of complaint against me. What should I do?

This is becoming a not so uncommon scenario, given the hostility against doctors and hospitals amongst the society. To make matters worse, the gullible doctor is liable to defend himself against a premeditated media trial, local goons, politicians, government enquiry, medical council enquiry…you name it !

As far as working within the framework of law is concerned, the doctor needs to know a lot as the legal framework of India is one of the largest in the world. Medical law (laws that applied to the medical sector) is also a growing field and is difficult to catch up sometimes. Yet, there are five must-know sections of the Indian Penal Code, 1860 that every doctor must know. Following words highlight this must-have knowledge.

1. 304 A IPC 

Causing death by negligence -

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Author's comments: Offences under this section are cognizable, bailable, and non-compoundable. This section of the IPC is commonly applied against doctors in case of death of a patient during treatment administered by him. Incidentally, this is the same section that is applied against a semi-skilled driver for causing death while rashly driving a motor vehicle. Very recently, the punishment for the same is being proposed to be increased to five years (from the current two years), through a bill soon to be introduced in the Parliament by the Ministry of Home Affairs, Govt of India.

2. 337 IPC 

Causing hurt by act endangering life or personal safety of others -

Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Author's comments: Offences under this section are cognizable, bailable, and compoundable by the person who is hurt, by permission of the court. This section cannot be said to be very severe as the act lacks intention to commit that act. This is the reason it is treated as a non serious case and is made a bailable offence.

3. 269 IPC

Negligent act likely to spread infection of disease dangerous to life -

Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Author's comments: This section is cognizable, bailable and non-compoundable. In March 2018, the Ministry of Health & Family Welfare (GOI) issued a notification saying that failure by clinical establishments to notify a Tuberculosis patient to the nodal officer and local public health staff can be punished under Section 269 and 270 IPC. It goes on to state that doctors, druggists, chemists, and hospital authorities could face a jail term of six months to two years under the provisions of Sections 269 and 270 IPC. Enforcement of these sections assumes pivotal significance in the present scenario of the COVID-19 pandemic. Recently, this section is being enforced against doctors & medical establishments for alleged cases of medical negligence.

4.  270 IPC

Malignant act likely to spread infection of disease dangerous to life -

Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Author's comments: as in Sec. 269 IPC above.

5. 312 IPC 

Causing miscarriage -

Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.

Author's comments: This section is bailable, non-cognizable and non-compoundable, and has been applied in the past against doctors alleging medical negligence while conducting an MTP. Remember, if the MTP is conducted without consent of the patient, then Section 313 IPC (carrying punishment up to life imprisonment) may be enforced against the doctor.

In conclusion, although it is relatively rare for doctors to be imprisoned for criminal offences (under the Indian Penal Code), it is fairly common for cases (FIR) to be registered against doctors and full-fledged criminal trials to be held as well. Nevertheless, it becomes a constant cause of harassment of the law-abiding doctor. It would be in the interest of the medical fraternity to be knowledgeable about these important criminal laws of the land. Knowledge is power. Knowledge harbours safe medical practice.