DOCTOR'S LIABILITY UNDER CRIMINAL LAW :

In India, Criminal Law is applicable on all its citizens equally. In other words, in the eyes of law, literate or illiterate, rich and poor, rural or urban, all are equal and hence a doctor is not immune. Remission by doctors in their duties and obligations and lapses left by them may give rise to criminal liabilities, the liability of being prosecuted in a Criminal Court and awarded punishment as per provision of law. Generally, doctor gives treatment for the patient's benefit in good faith applying his knowledge and experience and with consent of the patient or his attendants, so many section of Indian Penal Code would not be applicable to a doctor unless the negligence is obvious. Here if negligence of a doctor is proved, he stands to be prosecuted and the patient may get compensation also.

Following sections of Indian Penal Code (I.P.C.) are related to doctors :

Section 174 : Non-attendance in obedience of an order from public servant

Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same. Intentionally omits to attend at that place or time or departs from the place where he is bound to attend before the time 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 summons; notice, order or proclamation is to attend in person or agent in a Court of Justice, 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.

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.

Section 176 : Omission to give notice or information to public servant by person legally bound to give

Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, 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.

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.

Section 180: Refusing to sign statement

Whoever refuses to sign any statement made by him when required to sign that statement by a public servant, legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

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.

Section 269: 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 reasons to believe to be, likely to spread the infection of any disease dangerous to life shall be punished for a term which may extend to six months or with fine or with both.

Section 304 A: 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.

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.

Section 313: Causing miscarriage without women's consent

Whoever commits the offence defined in the last preceding section (i.e. Sec. 312) without the consent of the women, whether the women is quick with child or not, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine .

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.

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 316 : Causing death of quick unborn child by act amounting to culpable homicide

Whoever does not act under such circumstances, that if thereby caused death he would be guilty of culpable homicide ; and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine .

Section 340 : Wrongful confinement

Whoever wrongfully restrains any person from proceeding beyond certain circumscribing limits is said "wrongfully to confine" that person.

Section 342 : Punishment for wrongful confinement

Whoever wrongfully confines any person, shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.

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