1. Presented By-
Dr. Bhamini Thukral

2. What is IPC?
 The Indian Penal Code 1860(IPC) is the most
fundamental document in the entire judiciary of India,
that lists all the cases and punishments that a person
committing any crime is liable to be charged with,
including doctors.

3. Provision of IPC
 According to the provisions of Indian Penal Code 1860
(IPC), any act of commission or omission is not a crime
unless it is accompanied by a guilty mind (MENS
REA).

4. Sections of IPC relating to Medical
profession
 Sec 52-Describes “Good Faith”
 Sec 80-Accident in doing lawful act
 Sec 81,83
 Sec 88-Act not intended to cause death, one by
consent in good faith for person’s benefit
 Sec 90-Related to consent
 Sec 91,92
 Sec 176-Failure to inform police when essential

5. Contd..
• Sec274-276-Related to adulteration of drugs
• Sec 304-A-Deals with death caused by a negligent
act
• Sec 269-271- Related to spread of infectious disease
and disobedience of a quarantine rule
• Sec 306-309-Are related with abetment of suicides
• Sec 312-314-Related to causing miscarriage,
abortion and hiding such facts
• Sec 315-316-Deals with act to prevent child being
born alive or to cause it to die after birth

6. Contd.
 Sec 319-322-Are related to causing hurt, grievous hurt,
loss of vision, loss of hearing or disfigurement
 Sec 336-338- Deals with causing hurt by rash or
negligent act.

7. Key points to note
 Thin line of difference between Section 304 and 304-A
 in Sec. 304 there is no intentional act of negligence
while in Sec 304-A the act is never done with the
intention to cause death
 Under Sec.304 the offence is non-bailable while in
case of Sec.304A the offence is bailable

8. Legal terms used under IPC
• Non-Bailable offences- Grave offences carried out under
Human Organ Act, 1994, are non-bailable offences in which
no bail is granted and the person is convicted and imprisoned
for a term extending more than ten years.
• Warrant Case- Its related to an offence punishable with
death, life imprisonment or imprisonment for more than two
years. If a doctor helps a pregnant woman in getting rid of the
child or causes the child’s death after birth, it represents a
warrant case.
• Summons Cases- If a doctor acts negligently by using
infected syringe or instrument resulting in an infection to an
uninfected patient, it exemplifies a summons case.

9. Contd..
• Non Cognizable Offences- These are those offences in which a
police officer cannot arrest without a warrant. In cases where a
doctor knowingly disobeys a quarantine rule, he/she is liable to
punishment of imprisonment up to 6 months or fine.
• Mistake of Law- Also called “Ignorentia juris non excusat”
which means ignorance or mistake of law is not excusable. If a
doctor carries out a prenatal test intending to abort a female
foetus, that doctor cannot then avoid prosecution by saying that
he was unaware of any such law which punishes such act.
• Res Ipsa Loquitur- This demonstrates a situation of gross
negligence or rashness such as blood transfusion made to the
wrong patient, operating on the wrong patient, or on the wrong
side of the body.

10. Supreme Court directives provided for the
roadside accidents
1. It is the duty of the medical practitioner to attend
the injured and render medical aid
instantaneously without waiting for procedural
formalities unless the injured person or guardian
(in case of minor) desires otherwise.
2. The effort to save the person and preserve the life
should be top priority of the doctor.
3. The professional obligation of protecting life
extends to every doctor, whether Govt. hospital
or otherwise.

11. 4. In case of better or specific assistance required,
it is the duty of the treating doctor to see that the
patient reaches the proper expert as early as
possible.
5. Non- compliance of any of these directives may
invite prosecution under provisions of Motor
Vehicle Act or IPC(7).

12. Other legal accountabilities that a doctor
holds as per law
Furnishing copies of medical records to police, court
or relatives when demanded, after having taken the
consent of the patient.
Preserving the documents of medico legal,
controversial or complicated cases.
Involving medical associations, medico-legal cells,
voluntary organisations whenever legal problem arises.
Following the legal procedures and provisions.

13. Not to issue fake or bogus certificates.
No tampering or manipulation of documents.
 Doctors have no immunity against arrest for the
various criminal acts as per the provisions of IPC but
can avoid the arrest by adhering to the prescribed laws
and provisions