MEDICAL

JURISPRUDENCE
SHAHIN YOUSUF
121
MEDICAL TERMINATION OF PREGNANCY ACT, 1971

When pregnancies may be terminated by registered medical

practitioners
• Emergency cases: Pregnancy can be terminated by any RMP, even without
required experience at any place, irrespective of duration of pregnancy, if it is
necessary to save the life of the pregnant women
• Under MTP Act, pregnancy cannot be terminated after 20 weeks of
pregnancy. Above 20 weeks, the pregnancy can be terminated only on
therapeutic considerations, i.e., to save the life of the mother. In such
cases, decision can be taken by a single doctor.
• Up to 12 weeks of pregnancy, pregnancy can be terminated on the opinion
of a single doctor.
• Between 12-20 weeks, decision should be taken jointly by two doctors[1]
Qualification of RMP[1]

Duration Decision by Qualification

Emergency One doctor Any qualification
(to save the mother’s life)

Up to 12 weeks One doctor Assisted 25 MTPs (at least 5

cases done independently) in
government approved
hospitals

12-20 weeks Two doctors PG degree/ diploma/ 6

months residential/ more
than 1 year practice in OBG
MEDICAL BOARD
• Every State Government or Union territory shall constitute a Medical Board for the
purposes of this Act to exercise such powers and functions under this Act.
• The Medical Board shall consist of the following:
(a) a Gynecologist;
(b) a Pediatrician;
(c) a Radiologist or Sonologist; and
(d) such other members as may be notified in the Official Gazette by the State Government
or Union territory.[2]
Place where pregnancy may be terminated.
MTPs can only be conducted at:
• A hospital established or maintained by the government
• A place approved by government or a District level committee with
the chief medical officer as the chairperson of the said committee.[1]
Offences and penalties[2]
Offences Penalties
RMP revealing name or any other details of the One year imprisonment with fine.
women undergone MTP (except to a person
authorized by law)
If MTP is done by unqualified person or done in 2-7 years of rigorous imprisonment.
unapproved place(even though done by a qualified
RMP )
If MTP is done in unauthorized place, the owner of the Same punishment as that of performed person.
place
THE TRANSPLANTATION OF HUMAN ORGANS AND
TISSUES ACT, 1994

Definitions:
Brainstem death: means the stage at which all functions of the brain-stem have
permanently and irreversibly ceased.
Donor: means any person, not less than eighteen years of age, who voluntarily
authorizes the removal of any of his human organs for therapeutic purposes.
Recipient: means a person into whom any 3 (human organ or tissue or both) is, or is
proposed to be, transplanted.
Human organ: means any part of a human body consisting of a structured
arrangement of tissues which, if wholly, removed, cannot be replicated by the body.
Transplantation: means the grafting of any human organ from any living person or
deceased person to some other living person for therapeutic purposes.[2]
Authority for removal of human organs or tissues or both.
• Any donor (≥18 years of age) may authorize the removal before his death of any organ of
his body for therapeutic purposes.
• If any donor had in writing and in the presence of two or more witnesses (at least one of
whom is a near relative of such person), authorized the removal of any organ after his
death for therapeutic purposes, the person lawfully in possession of the dead body of the
donor should allow the doctor all reasonable facilities for removal.
• Where no such authority was made by any person before his death, the person lawfully in
possession of the dead body can authorize the removal of any human organ or tissue or
both of the deceased person.
• When human organ is to be removed, the medical practitioner should satisfy himself that
life is extinct in such body or in case of brain stem death, it has been certified by:
i. The doctor in-charge of the hospital in which the brainstem death has occurred
ii. An independent doctor, being a specialist nominated by the above in-charge from the
panel of names approved by appropriate authority
iii. A neurologist or a neurosurgeon, nominated by the in-charge from the panel
iv. The doctor treating the person whose brainstem death has occurred.[1]
Authority for removal of human organs or tissues or both in case of
unclaimed bodies in hospital or prison
• If not claimed by any near relatives within 48 hours from time of
death, the authority lies with the management of hospital or prison or
by the employee of the hospital or prison authorized by management
• If there is reason to believe that any near relative of the deceased
person is likely to claim the body even beyond 48 hours, no authority
should be given.
Removal of human organs cannot be authorized wherein:
• An inquest maybe required to be held in relation to such body.
• A person who has been entrusted the body solely for the purpose of
cremation. [1]
Restriction on removal and transplantation of human organs
i. Should not be removed from the body before his death, unless the
donor is a near relative.
ii. When donor authorizes the removal of organs after his death,
these organs maybe transplanted into the body of any recipient.
iii. If any donor authorizes the removal of his organs before his death
to such recipient not being near relative by reason of affection or
attachment towards the recipient, the organ should not be
removed and transplanted without prior approval of authorization
committee. [1]
Offences and penalties[1]
Offences
Removal of human organ without
authority
Commercial dealings in human organs
penalties
i. Imprisonment for 5 years and fine up
to Rs 10,000.
ii. Removal of his name from the
register of SMC for 2 years for the
first offence and permanently for the
subsequent offence.
Imprisonment for a term from 2-7 years
and fine of Rs 10,000-20,000.
THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC
TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT,
1994
Definitions
• Conceptus: means any product of conception at any stage of development from
fertilization until birth including extra embryonic membranes as well as the embryo or
fetus.
• Embryo: means a developing human organism after fertilization till the end of eight
weeks (fifty-six days).
• Fetus: means a human organism during the period of its development beginning on the
fifty-seventh day following fertilization and ending at the birth.
• Genetic clinic: means a clinic, institute, hospital, nursing home or any place, by whatever
name called, which is used for conducting pre-natal diagnostic procedures.
• Prenatal diagnostic procedures: means all procedures for conducting any type of analysis
or test for selection of sex before or after conception(USG, fetoscopy, amniocentesis,
chorionic villi/blood sampling) [1]
Regulations of prenatal diagnostic techniques
Clause 1: Any place including a registered genetic counseling center, laboratory or clinic should not be used for
conducting prenatal diagnostic techniques except for the purpose given in clause 2 and after satisfying any of
the conditions in clause 3.
Clause 2: Prenatal diagnostic techniques should be used for the detection of any of the following abnormalities:
i. Chromosomal abnormalities
ii. Genetic metabolic diseases
iii. Hemoglobinopathies
iv. Sex linked genetic diseases
v. Congenital anomalies.
Clause 3: Prenatal diagnostic techniques should be used in pregnant women, if any of the following conditions
are satisfied:
i. Age > 35 years.
ii. Undergone two or more spontaneous abortions or fetal loss.
iii. Has been exposed to potentially teratogenic agents, such as drugs, radiations, infections or chemicals.
iv. The pregnant woman or her spouse has a family history of mental retardation or physical deformities, such
as spasticity or any other genetic disease. [1]
Indications
i. Chromosomal abnormalities
ii. Genetic metabolic diseases
iii. Hemoglobinopathies
iv. Sex linked genetic diseases
v. Congenital anomalies
Eligible candidates
vi. Age greater than 35 years
vii. Has undergone ≥ 2 spontaneous abortions or fetal loss
viii. Had exposure to potentially teratogenic agents (drugs, radiation, infection or
chemicals)
ix. Family history of mental retardation or genetic diseases to her or spouse. [1]
Offences and penalties[1]
Offences
Any advertisement relating to
preconception or prenatal determination
of sex
Any specialist working in any centres
contravenes any of the provisions of this
act
Any person (except pregnant women)
who seeks aid of any centre or specialist
for sex selection/ for conducting prenatal
diagnostic techniques for purposes other
than given indications
Penalties
Up to 3 years imprisonment and Rs
10,000 fine
i. Up to 3 years imprisonment and Rs
10,000 fine for first offence and up to
5 years imprisonment and Rs 50,000
fine on subsequent offence
ii. Suspension/ temporary or
permanent penal erasure for RMPs
Up to 3 years imprisonment and Rs
50,000 fine for first offence and up to 5
years imprisonment and Rs 1,00,000 fine
on subsequent offence
THE PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE ACT, 2005
Definitions
• Domestic violence: means any act (omission or commissionor conduct) of the respondent
over aggrieved person that causes harms or injuries or endangers health (mental or
physical) or tends to do so (includes physical/ sexual/ verbal/ emotional/ economic abuse)
or to meet any unlawful demand for any dowry or other property or valuable security.
• Domestic relationship: means a relationship between two persons who live or have, at
any point of time, lived together in a shared household, when they are related by
consanguinity, marriage, or through a relationship in the nature of marriage, adoption or
are family members living together as a joint family.
• Aggrieved person: means any woman who is, or has been, in a domestic relationship with
the respondent and who alleges to have been subjected to any act of domestic violence
by the respondent.
• Respondent: means any adult male person who is, or has been, in a domestic relationship
with the aggrieved person and against whom the aggrieved person has sought any relief[2]
Duties of protection officers/ service providers:
Record the domestic violence report based on complaint and aid for obtaining relevant
legal, medical services and availability of safe shelter home if needed.

Offence and penalties

Offence is considered cognizable and non bailable. A penalty of 1 year imprisonment and
Rs 20,000 fine can be imposed by the magistrate. [1]
THE PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT, 2012

Definitions:
• Child: means any person below the age of eighteen years.
Sexual assault:
Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child to do
so, or any other act with sexual intent which involves physical contact without penetration is said to
commit sexual assault.
Aggravated sexual assault:
A person is said to have committed aggravated sexual assault in a child
(a) Whoever, being a police officer or member of the armed forces/ security forces within the limits of the
police station or area to which the person is deployed or in the course of his duties or otherwise.
(b) Whoever being a public servant.
(c) Whoever being on the management or on the staff of a jail, protection home, hospital, educational
institution / religious institution.
(d) Gang sexual assault on a child. [2]
(e) Commits sexual assault
• using deadly weapons, fire, heated substance or corrosive substance.
• Causing grievous hurt or causing bodily harm/ injury to child.
• Physically incapacitates the child or causes the child to become mentally ill.
• Makes the child pregnant as a consequence of sexual assault.
• Infects the child with HIV or any other life-threatening disease.
• Makes the child to strip or parade naked in public
(f) Commits sexual assault on a child below 12yrs
(g) Whoever being a relation of the child through blood or adoption or
marriage.
(h) Who has been previously convicted of having committed any offence
under this Act or any sexual offence punishable under any other law. [2]
Penetrative sexual assault:
A person is said to commit penetrative sexual assault if he does to the child or makes the child
to do so with him or any other person
(a) penetrates his penis into the vagina, mouth, urethra or anus of a child.
(b) inserts any object or a part of the body other than the penis, into the vagina, the urethra
or anus of the child
(c) manipulates any part of the body of the child so as to cause penetration into the vagina,
urethra, anus or any part of body of the child
(d) applies his mouth to the penis, vagina, anus, urethra of the child.
Sexual harassment:
A person is said to commit sexual harassment upon a child when such person with sexual
intent.
(i) Utters any word or makes any sound, or makes any gesture or exhibits any object or part
of body.
(ii) Makes a child exhibit his body or any part of his body.
(iii) Shows any object to a child in any form or media for pornography.
(iv) Repeatedly or constantly follows or watches or contacts a child
(v) Child pornography[2]
Medical examination[3]
Offences and penalties [1]

Offences Penalties
Sexual assault Up to 3-5 years with fine
Aggravated sexual assault 5-7 years imprisonment with fine
Penetrative sexual assault on a child 10 years to life imprisonment with fine
above 16 years
Penetrative sexual assault on a child 20 years to life imprisonment with fine
below 16 years
Aggravated penetrative sexual assault 20 years to life imprisonment with fine or
with death
Sexual harassment Up to 3 years imprisonment with fine
THE MENTAL HEALTHCARE ACT, 2017
Definitions
• Mental illness: means a substantial disorder of thinking, mood, perception,
orientation or memory that grossly impairs judgment, behavior, capacity to
recognize reality or ability to meet the ordinary demands of life, mental
conditions associated with the abuse of alcohol and drugs, but does not
include mental retardation which is a condition of arrested or incomplete
development of mind of a person, specially characterized by subnormality of
intelligence.
• Clinical psychologist means a person—
(i) having a recognized qualification in Clinical Psychology from an institution
approved and recognized, by the Rehabilitation Council of India; or
(ii) having a Post-Graduate degree in Psychology or Clinical Psychology or
Applied Psychology and a Master of Philosophy in Clinical Psychology or
Medical and Social Psychology obtained after completion of a full time
course of two years which includes supervised clinical training from any
University recognized by the University Grants Commission. [2]
• Psychiatric social worker: means a person having a post-graduate degree in
Social Work and a Master of Philosophy in Psychiatric Social Work obtained
after completion of a full time course of two years which includes
supervised clinical training from any University recognized by the
University Grants Commission.
Capacity to make mental healthcare and treatment decisions
Every person, including a person with mental illness shall be deemed to have
capacity to make decisions regarding his mental healthcare or treatment if
such person has ability to
(a) understand the information that is relevant to take a decision on the
treatment or admission or personal assistance; or
(b) appreciate any reasonably foreseeable consequence of a decision or lack
of decision on the treatment or admission or personal assistance; or
(c) communicate the decision under sub-clause (a) by means of speech,
expression, gesture or any other means. [2]
Rights of persons with mental illness
• Right to access mental healthcare.
• Right to community living.
• Right to protection from cruel, inhuman and degrading treatment.
• Right to equality and non-discrimination.
• Right to information.
• Right to confidentiality.
• Right to access medical records.
• Right to personal contacts and communication.
• Right to legal aid.
• Right to make complaints about deficiencies in provision of services. [2]
Functions of central and state mental health authority
(a) Register and maintain the records of all mental health
establishments in the country and compile, update and publish
register of such establishments.
(b) Develop quality and service provision norms
(c) Supervise all mental health establishments
(d) Maintain a national register of clinical psychologists, mental health
nurses and psychiatric social workers and publish the list of such
registered mental health professionals.
(e) Train all persons including law enforcement officials, mental health
professionals and other health professionals.
(f) Advise the Central Government on all matters relating to mental
healthcare and services. [2]
Mental health review board
Comprises of:
(a) A District Judge, or an officer of the State judicial services qualified to be a District
Judge or a retired District Judge.
(b) Representative of the District Collector or District Magistrate or Deputy Commissioner
of the districts.
(c) A team of two members: a psychiatrist and a medical practitioner.
(d) Two members who are care-givers or persons representing organizations of persons
with mental illness.
Functions of the review board:
• To register, review, alter/cancel an advance directive.
• To appoint a nominated representative.
• To receive and decide application from a person with mental illness or his nominated
representative.
• To receive complaints regarding lack of care/ services.
• To visit and inspect prison or jails and seek clarifications from the medical officer in-
charge of health services. [2]
Admission of person with mental illness as independent patient in
mental health establishment. [4]
Admission and treatment of persons with mental illness, with high
support needs (supported admission) [4]
THE TRANSGENDER PERSONS (PROTECTION OF
RIGHTS) ACT, 2019
Definitions
• Transgender person: means a person whose gender does not match with the gender
assigned to that person at birth and includes trans-man or trans-woman, person with
intersex variations, genderqueer and person having such socio-cultural identities as
kinner, hijra, aravani and jogta.
Change in gender
(1) If a transgender person undergoes surgery to change gender either as a male or
female, such person may make an application, along with a certificate issued to the
Medical Superintendent/ Chief Medical Officer of the medical institution and to the
District Magistrate for revised certificate.
(2) The District Magistrate shall, on receipt of an application along with the certificate
issued by the Medical Superintendent or Chief Medical Officer, and on being satisfied
with the correctness of such certificate, issue a certificate indicating change in gender.
(3) The person who has been issued a certificate or a revised certificate shall be entitled
to change the first name in the birth certificate and all other official documents : such
change in gender shall not affect the rights and entitlements of person under this Act.
[2]
National Council for transgender persons:
Functions of National Council:
(a) to advise the Central Govt. on the formulation of policies/ programs for transgender
persons.
(b) To monitor & evaluate the impact of policies and programs.
(c) To review & coordinate the activities of all the departments of Govt. & other Govt and
non-Governmental Organizations.
(d) To rectify the grievances of transgender persons.
Prohibition of Discrimination
No person or establishment shall discriminate against a transgender person on any of the
following:
(e) Denial /discontinuation/unfair treatment in, educational centres, healthcare services.
(f) Denial / termination from employment.
(g) Denial / discontinuation in provision or use of any goods or public privileges.
(h) Denial / discontinuation of/ unfair treatment with regard to use of property (reside,
purchase, rent)
(i) Denial / discontinuation of/unfair treatment in, the opportunity to hold public or private
office.
(j) Denial of access to, removal from, or unfair treatment in, Government or private
THE ASSISTED REPRODUCTIVE TECHNOLOGY
(REGULATION) ACT, 2021
Definitions:
• Assisted reproductive technology: all techniques that attempt to obtain a
pregnancy by handling the sperm or the oocyte outside the human body and
transferring the gamete or the embryo into the reproductive system of a
woman
• Assisted reproductive technology bank: an organization for collection of
gametes, storage of gametes and embryos and supply of gametes to the
assisted reproductive technology clinics or their patients
• Assisted reproductive technology clinic: any premises equipped with facilities
and medical practitioners registered with the National Medical Commission
for carrying out the procedures of assisted reproductive technology.
• Commissioning couple: an infertile married couple who approach an assisted
reproductive technology clinic or assisted reproductive technology bank for
obtaining the services authorized of the said clinic or bank. [2]
Authorities to regulate assisted reproductive technology:
• National Assisted Reproductive Technology& Surrogacy Board
• State Assisted Reproductive Technology & Surrogacy Board
Offences and penalties
Any medical geneticist, gynecologist, registered medical practitioner or
any person shall not
(a) Abandon, disown or exploit the child born through ART
(b) Sell / import human embryos or gametes.
(c) Exploit the commissioning couple, woman or the gamete donor in
any form.
(d) Transfer human embryo into a male person or an animal
Shall be punishable with a fine of 5-10 lakh rupees (first), imprisonment
of 3-8 years and fine of 10-20 lakhs (repeated) [2]
THE SURROGACY (REGULATION) ACT, 2021
Definitions
• Altruistic surrogacy: the surrogacy in which no charges, expenses, except
the medical expenses or insurance coverage for the surrogate mother, are
given to the surrogate mother or her dependents.
• Commercial surrogacy: commercialization of surrogacy services /
procedures to the surrogate mother or her dependents except the medical
expenses.
• Intending couple: a couple who have a medical indication necessitating
gestational surrogacy and who intend to become parents through
surrogacy.
• Intending woman: an Indian woman who is a widow or divorcee between
the age of 35 to 45 years and who intends to avail the surrogacy.
• Surrogate mother: a woman who agrees to bear a child through surrogacy
from the implantation of embryo in her womb. [2]
Indications
(a) An intending couple has a medical indication necessitating gestational
surrogacy
(b) When it is only for altruistic surrogacy purposes
Eligible candidates
(c) Married intending couple and between the age of 23 to 50 years in
case of female and between 26 to 55 years in male.
(d) Have not any surviving child biologically or through adoption or
through surrogacy earlier.
Criteria for surrogate mother
(e) Married woman having a child of her own
(f) Between the age of 25 to 35 years on the day of implantation
(g) Willingness for surrogacy women
(h) Should not provide her own gamete
[2]
Offences and penalties [2]
Offences Penalties
Commercial surrogacy Up to 10 years imprisonment with Rs
10,00,000 fine.
Any RMP/specialist contravenes Up to 5 years imprisonment with Rs
provisions of act 10,00,000 fine.

Any indented couple/women not Up to 5 years imprisonment with Rs

following altruistic surrogacy 5,00,000 fine on first offence and Up to
10 years imprisonment with Rs 10,00,000
fine on subsequent offences.
Some IPC sections related to medical practice
• IPC Sec 44. Injury: Any harm whatever illegally caused to any person, in body, mind, reputation or
property. This section will be replaced by BNS section 2 from July 1st 2024 onwards.
• IPC Sec 299. Culpable homicide: Whoever causes death by doing an act with the intention of
causing death, or bodily injury which is likely to cause death, or with the knowledge that he is
likely by such act to cause death, commits the offence of culpable homicide. This section will be
replaced by BNS section 98 from July 1st 2024 onwards.
• IPC Sec 300. Murder: Culpable homicide is murder,
i. if the act by which the death is caused is done with the intention of causing death, or
ii. If it is done with the intention of causing such bodily injury as the offender knows to be likely
to cause the death of the person to whom the harm is caused,
iii. If it is done with the intention of causing bodily injury to any person and the bodily injury
intended to be inflicted is sufficient in the ordinary course of nature to cause death,
iv. If the person committing the act knows that it is so imminently dangerous that it must, in all
probability, cause death, or such bodily injury as is likely to cause death, and commits such act
without any excuse for incurring the risk of causing death or such injury as aforesaid.
This section will be replaced by BNS section 99 from July 1st 2024 onwards. [5]
• IPC Sec 301.Culpable homicide by causing death of person other than person
whose death was intended: If a person commits culpable homicide of any person,
whose death he never intended, the act committed by the offender is of the
description of which it would have been if he had caused the death of the person
whose death he intended to cause. This section will be replaced by BNS section 100
from July 1st 2024 onwards.
• IPC Sec 302. Punishment for murder: Whoever commits murder shall be punished
with death, or life imprisonment and shall also be liable to fine. This section will be
replaced by BNS section 101 from July 1st 2024 onwards.
• IPC Sec 303. Punishment for murder by life-convict: Whoever, being under
sentence of imprisonment for life, commits murder shall be punished with death.
This section will be replaced by BNS section 102 from July 1st 2024 onwards.
• IPC Sec 304. Punishment for culpable homicide not amounting to murder: Whoever
commits culpable homicide not amounting to murder shall be punished with
imprisonment to ten years or life imprisonment and shall also be liable to fine, if
the act by which the death is caused is done with the intention of causing death, or
of bodily injury which is likely to cause death. This section will be replaced by BNS
section 103 from July 1st 2024 onwards. [5]
• IPC Sec 305. Abetment of suicide of child or insane person: If any person under
18 years of age, any insane person/ any person in a state of intoxication,
commits suicide, whoever abets the commission of such suicide, shall be
punished with death or imprisonment to ten years or life imprisonment and
shall also be liable to fine. This section will be replaced by BNS section 105
from July 1st 2024 onwards.
• IPC Sec 306. Abetment of suicide: If any person commits suicide, whoever
abets the commission of such suicide, shall be punished with imprisonment up
to ten years, and shall also be liable to fine. This section will be replaced by
BNS section 106 from July 1st 2024 onwards.
• IPC Sec 307. Attempt to murder: Whoever does any act with such intention or
knowledge, and under such circumstances that, if he by that act caused death,
he would be guilty of murder, shall be punished with imprisonment for a term
which may extend to ten years, and shall also be liable to fine; and if hurt is
caused to any person by such act, the offender shall be liable either to
imprisonment for life and fine. This section will be replaced by BNS section
107 from July 1st 2024 onwards. [5]
• IPC Sec 308. Attempt to commit culpable homicide: Whoever does any act with such
intention or knowledge and under such circumstances that, if he by that act caused
death, he would be guilty of culpable homicide not amounting to murder, shall be
punished with imprisonment for a term which may extend to three years, or with
fine, or with both; and, if hurt is caused to any person by such act, shall be punished
with imprisonment of either description for a term which may extend to seven years,
or with fine, or with both. This section will be replaced by BNS section 108 from July
1st 2024 onwards.
• IPC Sec 309. Attempt to commit suicide: Whoever attempts to commit suicide and
does any act towards the commission of such offence, shall be punished with simple
imprisonment for a term which may extend to one year or with fine, or with both.
• IPC Sec 311. Whoever is a thug, shall be punished with life imprisonment and shall
also be liable to fine.
• IPC Sec 312. Causing miscarriage: Whoever voluntarily causes a woman with child to
miscarry, if such miscarriage is not caused in good faith for the purpose of saving
women’s life, shall be punished with imprisonment up to three years, or with fine, or
with both; and, if the woman be quick with child, shall be punished with
imprisonment of up to seven years with fine. This section will be replaced by BNS
section 86 from July 1st 2024 onwards. [5]
• IPC Sec 313. Causing miscarriage without woman's consent: Whoever commits the
offence without the consent of the woman, whether the woman is quick with child or
not, shall be punished with imprisonment up to ten years or life imprisonment with
fine. This section will be replaced by BNS section 87 from July 1 st 2024 onwards.
• IPC Sec 314. Death caused by act done with intent to cause miscarriage: Whoever, with
intent to cause the miscarriage, does any act which causes the death of such woman,
shall be punished with imprisonment of up to ten years with fine. This section will be
replaced by BNS section 88 from July 1st 2024 onwards.
• IPC Sec 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 with the intention and by
such act prevent that child from being born alive, or causes it to die after its birth,
shall, if such act is not done in good faith for saving mother’s life , be punished with
imprisonment of up to ten years, or with fine, or with both. This section will be
replaced by BNS section 89 from July 1st 2024 onwards.
• IPC Sec 316. Causing death of quick unborn child by act amounting to culpable
homicide: Whoever does any act under such circumstances, that if he 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 up to ten years with
fine. This section will be replaced by BNS section 90 from July 1 st 2024 onwards. [5]
• IPC Sec 317. Exposure and abandonment of child under twelve years, by
parent or person having care of it: Whoever being the father or mother
of a child under the age of twelve years, or having the care of such
child, shall expose / leave a child in any place with the intention of
wholly abandoning such child, shall be punished with imprisonment of
up to seven years, or with fine, or with both. This section will be
replaced by BNS section 91 from July 1st 2024 onwards.
• IPC Sec 318. Concealment of birth by secret disposal of dead body:
Whoever, by secretly burying or disposing of the dead body of a child
whether such child die before or after or during its birth, intentionally
conceals the birth of such child, shall be punished with imprisonment of
either description up to two years, or with fine, or with both. This
section will be replaced by BNS section 92 from July 1st 2024 onwards.
• IPC Sec 319. Hurt: Whoever causes bodily pain, disease or infirmity to
any person is said to cause hurt. This section will be replaced by BNS
section 112 from July 1st 2024 onwards. [5]
• IPC Sec 320. Grievous hurt: The following kinds of hurt only are designated as
“grievous”:
i. Emasculation.
ii. Permanent privation of the sight of either eye.
iii. Permanent privation of the hearing of either ear.
iv. Privation of any member or joint.
v. Destruction or permanent impairing of the powers of any member or joint.
vi. Permanent disfiguration of the head or face.
vii. Fracture or dislocation of a bone or tooth.
viii. Any hurt which endangers life or which causes the sufferer to be during the
space of twenty days in severe bodily pain, or unable to follow his ordinary
pursuits.
This section will be replaced by BNS section 114 from July 1st 2024 onwards.
• IPC Sec 321. Voluntarily causing hurt: Whoever does any act with the intention of
thereby causing hurt to any person and does cause hurt to any person, is said
“voluntarily to cause hurt”. This section will be replaced by BNS section 113 from
July 1st 2024 onwards. [5]
• IPC Sec 322. Voluntarily causing grievous hurt: Whoever voluntarily causes hurt, if the
hurt which he intends to cause and resulted in grievous hurt is said “voluntarily to
cause grievous hurt”. This section will be replaced by BNS section 115 from July 1st 2024
onwards.
• IPC Sec 323. Punishment for voluntarily causing hurt: Imprisonment up to 1 year/ Rs
10000 rupees, or with both. This section will be replaced by BNS section 113 from July
1st 2024 onwards.
• IPC Sec 324. Voluntarily causing hurt by dangerous weapons or means. This section will
be replaced by BNS section 116 from July 1st 2024 onwards.
• IPC Sec 325. Punishment for voluntarily causing grievous hurt: Imprisonment up to 7yrs
and fine. This section will be replaced by BNS section 115 from July 1st 2024 onwards.
• IPC Sec 326. Voluntarily causing grievous hurt by dangerous weapons or means A.
Voluntarily causing grievous hurt by use of acid. B. Voluntarily throwing or attempting
to throw acid. This section will be replaced by BNS section 116 from July 1st 2024
onwards.
• IPC Sec 351. Assault: Whoever makes any gesture/ preparation knowing that it will
cause any person present to apprehend that he who makes that gesture is about to use
criminal force to that person. This section will be replaced by BNS section 128 from July
1st 2024 onwards. [5]
• IPC Sec 375. Rape: A man is said to commit “rape” if he himself or makes her to do so with him or any other
person the following
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or
anus of a woman
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or
any part of body
(d) applies his mouth to the vagina, anus, urethra of a woman under any of the following circumstances;
i. Against her will.
ii. Without her consent.
iii. With her consent, when her consent has been obtained by putting her or any person in whom she is
interested, in fear of death or of hurt.
iv. With her consent, when the man knows that he is not her husband and that her consent is given because
she believes that he is another man to whom she is or believes herself to be lawfully married.
v. With her consent when, at the time of giving such consent, by reason of unsoundness of mind or
intoxication or the administration by him personally or through another of any stupefying or
unwholesome substance, she is unable to understand the nature and consequences of that to which she
gives consent.
vi. With or without her consent, when she is under eighteen years of age.
vii. When she is unable to communicate consent.
This section will be replaced by BNS section 63 from July 1 st 2024 onwards. [5]
• IPC Sec 376. Punishment for rape: imprisonment of ten years to life
imprisonment and fine.
A. Punishment for causing death or resulting in persistent vegetative
state of victim: Imprisonment of 20 years to life imprisonment or
death.
This section will be replaced by BNS section 64-71 from July 1st 2024
onwards.
• IPC Sec 377. . Unnatural offences: Whoever voluntarily has carnal
intercourse against the order of nature with any man, woman or
animal, shall be punished with 10yrs to life imprisonment & fine. [5]
Some CrPC sections related to medical practice

• CrPC Sec 53: Examination of accused by medical practitioner at the request of police
officer
(1) When a person is arrested on a charge of committing an offence, a registered medical
practitioner, acting at the request of a police officer can make such an examination of
the person arrested as necessary in order to ascertain the facts as evidence, and to use
such force as necessary for that purpose.
(2) The female is to be examined only by, or under the supervision of a female medical
officer/ RMP. [1]
• CrPC Sec 53A:Examination of person accused of rape by medical practitioner:
(1) When a person is arrested on a charge of attempting or committing an offence of rape it shall
be lawful for a registered medical practitioner acting at the request of a police officer to make
such an examination of the arrested person and to use such force as is reasonably necessary for
that purpose.
(2) The registered medical practitioner conducting such examination shall, without delay, examine
such person and prepare a report of his examination giving the following particulars, namely:
(i) the name and address of the accused and of the person by whom he was brought,
(ii) the age of the accused,
(iii) marks of injury, if any, on the person of the accused,
(iv) the description of material collected for DNA profiling, and
(v) other material particulars
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be noted in the
report.
(5) The registered medical practitioner shall forward the report to the investigating officer, who
shall forward it to the Magistrate. [1]
• CrPC Sec 54. Examination of arrested person by medical officer:
(1) The arrested person shall be examined by a medical officer or by a RMP if the medical officer is not available. If the
arrested person is a female, the examination should be only done under the supervision of a female medical officer or
RMP.
(2) The record of medical examination should be prepared mentioning injuries/ marks of violence and the approximate time
of such injuries.
(3) A copy of the record shall be kept by medical officer/RMP.[1]
• CrPC Sec 164A. Medical examination of the victim of rape:
(1) When an offence of committing rape or attempt to commit rape is under investigation, the person of the woman with
whom alleged rape or attempted to have been committed shall be examined by a medical expert and shall be conducted
by a RMP employed in a hospital run by the Government or a local authority with the consent of such woman or of a
person competent to give such consent on her behalf and examination shall be within twenty-four hours from the time
of receiving the information.
(2) The RMP shall examine the person and prepare a report giving the following particulars, namely:
(i) the name and address of the woman and of the person by whom she was brought;
(ii) the age of the woman;
(iii) the description of material collected for DNA profiling
(iv) marks of injury, if any, on the person of the woman
(v) general mental condition of the woman
(vi) other material particulars.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her
behalf.
(5) The exact time of commencement and completion of the examination shall also be noted in the report.
(6) The RMP shall forward the report to the investigating officer who shall forward to the Magistrate. [1]
• CrPC Sec 174: Police inquest is conducted under CrPC Sec 174.
(1) Police inquest is held by a police officer.
(2) An inquest is a fact-finding inquiry answers to four important questions.
a) Identity of the deceased
b) Place of his death
c) Time of death
d) Apparent cause of death
(3) Police officer on receipt of information of death, gives intimation to nearest
Magistrate to hold inquests.
(4) He then proceeds to place of crime and holds inquiry in presence of 2 or more
respectable inhabitants of locality (panchas). The inquest report so prepared is
known as panchnama.
(5) If no foul play suspected, the dead body is handed over to relatives for disposal.
(6) In suspicious cases, the body is sent for postmortem examination with a
requisition and a copy of inquest.[1]
• CrPC Sec 176: It deals with inquiry by Magistrate into cause of death.
(1) Magistrate inquest is held by a District Magistrate, Judicial Magistrate, SDM or
any Executive Magistrate.
(2) Indications for Magistrate inquest:
a) Deaths in police encounter.
b) Disappearance or death of person in police custody
c) Death of a convict in jail.
d) Exhumation cases
e) Death associated with alleged rape on women in police custody
f) Dowry deaths
g) Admission of mentally ill person in psychiatric hospital.
(3) When such an inquiry is to be held, the Magistrate should inform the relatives and
allow them to remain present at the inquiry.
(4) The Judicial Magistrate holding the inquest should forward the body for
examination by the Civil Surgeon or any doctor appointed by the state govt. within 24
hours of the death of the person.[1]
REFERENCES
1. Review of Forensic medicine and Toxicology by Gautam Biswas 5th
edition.
2. India code website: https://www.indiacode.nic.in/
3. Research gate website: https://www.researchgate.net/
4. YouTube channel of prof. Suresh Bada Math.
5. The code of civil procedure by Sir Dinshaw Fardunji Mulla 19th
edition.
THANK YOU