• Section 175 : Omission to produce document to public servant by person legally bound to produce it- Whoever, being legally bound to produce or deliver up any document to any public servant as such, intentionally omits so to produce or deliver the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees or with both or, if the document is to be produced or delivered up to a Court of Justice, with simple imprisonment for a term which may extend to six month or with fine which may extend to one thousand rupees or with both.
  • Illustration : A, a doctor being legally bound to produce a document (ex. medical report or treatment details) in connection to a medicolegal case, before a District Court, intentionally omits to produce the same. A, has committed the offence defined in this section.

Note: In view of the above, medical professionals must maintain and keep an upto date record regarding relevant information about the patients treated by them.

• Section 179 : Refusing to answer public servant authorised to question - Whoever, being legally bound to state the truth on any subject to any public servant, refuse to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.
  • Note - Doctors must preserve their records, and should not omit to answer the questions put forward by a public servant, in connection to some patient treated by him or in connection to some document issued by him.

• Section 204 : Destruction of document to prevent its production as evidence - Whoever secrets or destroys any document which he may be lawfully compelled to produce as evidence in a Court of Justice or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such documents with the intention of preventing the same from being produced or used as evidence before such court or public servant as aforesaid or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years.
  • Note - In view of the above, medical professionals must maintain and preserve their records at least for a period of five years. Do not overwrite or change your records.

• Section 304 : 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.

Facts of the case in brief :

One Sub - Inspector, Mr. Mohite was feeling tired and exhausted at about 6.00 p.m. on 11th March, 1957, and so be sent for the petitioner, who was a Hakim registered under Section 46 of the Madhya Bharat Indian Medicines Act 1952. On arrival the petitioner examined Mohite and found that he had no temperature. He, however advised Mr. Mohite to take a procaine penicillin injection. Mohite accepted the suggestion. The petitioner then gave a penicillin injection to Mohite, who immediately after he was injected perspired profusely, vomited and died. For this negligent act case was filed before the District Court who held petitioner negligent under section 304 A and sentenced to six months rigorous imprisonment. Appeal was also rejected and hence this revision petition was filed before the Hon'ble High Court.

Hon'ble High Court after going through the material on record held it is impossible the acquit the petitioner of the offence of which he has been convicted. The applicant is a Hakim. It matters not whether he was a registered or unregistered Hakim. The question is whether he had any knowledge of penicillin treatment, of the precautions to be taken before giving a penicillin injection and of the methods of counter acting any adverse reaction of the injection. As a Hakim he clearly had no occasion to make a study of penicillin injection of for the matter of fact of any injection given in allopathic treatment. Hakim treat maladies of human beings in way totally different from that followed in allopathic treatment.

The Hon'ble Court further observed that there is no doubt Hakim and Vaidyas are legitimately entitled to exercise their profession for which they have been trained. But at the same time it is very necessary that they should not dabble in medicines and treatments of which they have no knowledge whatsoever. It is very essential that the public, especially the poorer part of the public, who very often rely upon such practitioners as medicines and injections of dangerous character.

The applicant has been sentenced to six months rigorous imprisonment. The Hon'ble Court took a liberal view on what the petitioner did was without any intention to cause harm or death to Mohite.

He acted as he thought for the benefit of the patient and so the sentence of six month's rigorous imprisonment was set aside and a fine of Rs. 500/- imposed on the applicant for the offence under Sec. 304 A I.P.C.

• Section 312 : Causing miscarriage - Whoever voluntarily caused a women with child to miscarry, shall if such miscarriage be not caused in good faith for the purpose of saving the life of the women, 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 women 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 women who causes herself to miscarry, is within the meaning of this section.

• Section 314 : Death caused by an act done with intent to cause miscarriage - Whoever, with intent to cause the miscarriage of a woman with child, does any act which cause the death of such woman shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
  • If act done without woman's consent - And if the act is done without the consent of the women, shall be punished either with imprisonment for life or with the punishment above mentioned.
  • Explanation - It is essential to this offence that the offender should know that the act is likely to cause death.

• Section 315 : Act done with intent to prevent child being born alive or to cause it to die after birth - Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after his birth, and does by such act prevent that child from being born alive or causing it to die after his birth, shall if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years or with fine, or with both.

• Section 340 : Wrongful confinement - Whoever wrongfully restrains any person from proceeding beyond certain circumscribing limits is said "wrongfully to confine" that person.
  • Note - Very often patients refuses to pay fees after completion of treatment and doctor just to recover the fees does not discharge the patient or in other words wrongfully confine the patients or tries to keep some moveable property of the patient in possession. This is a crime. The only way to recover the fees is a civil suit.

• Section 491 : Breach of contract to attend on and supply wants of helpless persons - Whoever, being bound by a lawful contract to attend on or to supply the wants of any person, who by reasons of youth or of unsoundness of mind or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred rupees or with both.
  The primary object of this provision is to bring such persons who contract to take case of infants, sick and helpless under the purview of the Criminal Law if they fail their obligation because the consequences of such failure may sometimes be disastrous.
  • Note - In view of the above, medical professional must always remain sincere and punctual in attending their patients particularly those who are very serious.