Applicability of Sec 39 Cr. P. C. to Doctors: A Restriction to “Right to Life” As Indian Citizen
Journal Title: International Journal of Medical Research Professionals - Year 2018, Vol 4, Issue 4
Abstract
Medico-legal/ criminal cases which requires treatment has seen an upsurge in the last decades. It has been a common observation that the doctors (especially private practitioners) fail or refuse to take up such cases that have legal implications thereby restricting the proper and timely treatment resulting in increase in morbidity and mortality of cases which could have been saved or at least better managed. One of the reasons of refusal is section 39 of Cr. P.C. which makes the doctor punishable if he fails to inform the police about the incidences due to various reasons. Section 126 to 129 of IEA provides privilege to the law personnel for exemption from the provisions of 39 Cr.P.C. Journalists, although not mentioned in any law but by convention enjoying the exemption from the aforementioned section. By the recent Supreme Court judgment even common people have been provided privileged under the principle of “Good Samaritan Doctrine”. But for the doctors all provisions of the laws are strictly applied due to which injured/sick person whether victim or accused are refraining from getting treatment from qualified medical man thus exposing their life/health at risk. Here question arises why not provisions of section 126 to 129 of IEA should be extended to the doctors also. The question also arises what is more important, Right to legal defense or Right to life?
Authors and Affiliations
Binay Kumar, Avinash Kumar, Vinita Kumari, Dr. Deepmala, Gautam Kumar
Keywords
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- EP ID EP534303
- DOI 10.21276/ijmrp.2018.4.4.022
- Views 63
- Downloads 0
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