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Privileged communications:

A privileged communication is one which would have been defamatory and actionable, but is prevented from being so by reason of circumstances rebutting existence of malice.
When the physician has legal, moral, social duty to perform to make communication to another, such having a corresponding interest or duty in protecting of his interest or in performance of his duty.

An exchange of information between two individuals in a confidential relationship. Privileged communications exist because society values the privacy or purpose of certain relationships. The established privileged communications are those between wife and husband, clergy and communicant, psychotherapist and patient, physician and patient, and attorney and client.

A communication is not confidential, and therefore not privileged, if it is overheard by a third party who is not an agent of the listener. Agents include secretaries and other employees of the listener. For example, a communication between a psychotherapist and patient would be privileged even if the psychotherapist's secretary happened to overhear it. In such a case, the secretary could not be forced to testify about the communication. However, a communication between a psychotherapist and a patient on a public elevator occupied by third parties would not be privileged and could be used in court.

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Physician responsibility in criminal matters�

Under section 176 & 202 IPC a physician is ordinarily supposed to inform police about any criminal act coming to his knowledge in his professional work.
But he is not legally bound.

When a suicide case is treated
Commission or intention to commit criminal abortion by his/her patient

But in case of death of such patients police must be informed

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Malpraxis (Professional Negligence)�

Failure to exercise reasonable degree of care and skill or wilful negligence of a medical practitioner in the treatment of a patient so as to lead to his bodily injury or death.
Negligence is omission to do something, which a reasonable man would do, or doing something, which a prudent and reasonable man would not do.
Doctor is not liable for honest mistakes or mere error of judgement in making diagnosis or prescribing a treatment.

Supreme Court’s observations about negligence per se in�the Poonam Verma case, where the court relied upon the definition as�given in Black’s Medical Dictionary, reproduced below:�“Negligence per se: Conduct, whether of action or omission, which may�be declared and treated as negligence without any argument or proof as�to the particular surrounding circumstances, either because it is in�violation of a statute or valid municipal ordinance, or because it is�so palpably opposed to the dictates of common prudence that it can be�said without hesitation or doubt that no careful person would have�been guilty of it. As a general rule, the violation of a public duty,�enjoined by law for the protection of person or property, so�constitutes".�Relying upon this definition, the court held that a person who does�not have knowledge of a particular System of Medicine but practices in�that System is a quack and a mere pretender to medical knowledge or�skill, or to put it differently, a charlatan, and is guilty of�negligence per se.

NEGLIGENCE. The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do. or doing something which a prudent and reasonable man would not do. It must be determined in all cases by reference to the situation and knowledge of the parties and all the attendant circumstances�Read more: NEGLIGENCE | Definition of NEGLIGENCE (Black's Law Dictionary)�

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Black’s Medical Dictionary

Negligence:-

Conduct, whether of action or omission, which may�be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is�so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it

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Professional Negligence

Onus of proving negligence lies with plaintiff
The injury must be directly traceable to the alleged want of due care and skill
Negligence unproductive of damage gives no right for action.
Bolan Test of Negligence

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Civil Negligence

Patient brings an action for damages in civil court against the physician.

Suit must be filed within 2 years from the date of alleged negligence
and once a decision is taken, the case cannot be reopened in any court.

Standard of care required varies according to the qualification of the physician, House surgeon, GP, Specialist.

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Criminal negligence

Is that conduct of the medical practitioner, which results in prosecution by the state in order to protect the community and punish the wrong doer

Sec.304A IPC who ever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment up to 2 years or with fine or with both.
Some times charged with Sec.304 (Culpable homicide)

the act by which the death is caused is done with the intention of causing death, or causing such bodily injury as is likely to cause death - Imprisonment for life
the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death – For 10 years

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Criminal negligence

Examples

Gross mismanagement of delivery especially under influence of alcohol or other narcotics.
Grossly incompetent administration of general anaesthetic
Administration of wrong substance in to eye causing loss of vision
Amputation of wrong limb or finger or operation on wrong patient or part
Leaving instruments or swabs in the body cavity during operation
Performing criminal abortion
Performing operation while drunk or drugged resulting in to death

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The doctrine of Res Ipsa Loquitur

The thing speaks for itself.
1) The nature of injury suggests by common knowledge or expert evidence that without negligence it does not occur.
2) The Plaintiff cannot contribute to his own injury.
3) The physician was in exclusive control of instrumentations.

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The doctrine of Res Ipsa Loquitur

Some Examples

Prescribing an overdose of medicine producing ill effect.
Giving poisonous medicine carelessly
Leaving cotton swab or instruments etc. in body cavities during operations
Prolonged splinting causing loss of use of limb.
Failure to give A.T.S. / Toxoid in cases injury
Burn from hot water bottles, X-ray etc.
Mismatched blood transfusion

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To Avoid Charge of Negligence

Keep pace with progress in science
Do not write non-academic degrees
Don't wrongly claim foreign training or specialist status
Restrict your practice to the field of training and level received
Not to promise cure
Advise hospitalisation in serious cases

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To Avoid Charge of Negligence

Do not prescribe treatment without Clinical examination
Confirm your diagnosis by investigation
Consult other colleagues in complicated cases.
Provide text book management
Condition of patient to be regularly recorded
Take informed consent from proper person before operation or special procedure
Prescribe cheap drugs unless indicated otherwise

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To Avoid Charge of Negligence

Anaesthesia- An accepted agent used after examining patient, his urine etc.
Personally verify record with the Patient before surgical procedure.
Advise immunisation against tetanus where ever indicated
Post operative care is his legal responsibility
Give timely warning in serious cases
Take medical liability insurance

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Contributory Negligence

It is the conduct on the part of the patient, which has helped to produce the harm of which complaint is made.
Physicians take this plea when they are charged for civil malpraxis.
This is no ground in criminal cases.
Burden of proof lies on the physician
Contributory negligence is taken into consideration by courts in awarding damage to the Plaintiff.
Contributory negligence must be concurrent with that of doctor’s negligent act to be a good defence.

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Duty of Patient

To submit to all customary and necessary physical examination and investigations
To exercise ordinary care in matter of co-operation with doctor.
To follow reasonable and necessary treatment
To continue such treatment for such time as may be reasonably required
To inform the doctor if there is any marked change in his condition, which may necessitate a change in treatment.

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Vicarious Responsibility (Liability for the Act of Another)

As a general rule a man is responsible for any wrongful act done by his agent or subordinate provided such act is within the reasonable scope of their employment by the principle of respondent superior (let the master answer)
The physician/Surgeon is charged for negligence even though he was not personally negligent and the damage to patient resulted due to negligence on the part of nurse/junior doctor/ paramedic / or medical student

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Vicarious Responsibility

Managers/ owners of hospital not responsible for negligence of superior medical staff like professors etc. if properly qualified persons were appointed. But responsible for negligence of junior medical personnel & paramedics
No responsibility for criminal acts or in criminal negligence cases to managers or the doctor.
Responsibility is only in civil negligence cases and also

Provided the act was committed in the presence of the doctor or with his consent.
Or though it was performed in his absence , the act was within the reasonable scope of duty of the negligent staff.

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Vicarious Responsibility

Liability of hospital management in regard to negligent acts of honorary visiting specialist is not settled.
Hospital is responsible for injuries self inflicted in mental cases as adequate precautions should have been taken by the hospital to prevent such injuries..

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Fiduciary duties

There is special relationship between the patient and the doctor and the doctor should not abuse any influence that he has over the patient.
Do things which harm the interest of the patient
Pairavi for others to the important patients like ministers.

An individual in whom another has placed the utmost trust and confidence to manage and protect property or money. The relationship wherein one person has an obligation to act for another's benefit.

A fiduciary relationship encompasses the idea of faith and confidence and is generally established only when the confidence given by one person is actually accepted by the other person. Mere respect for another individual's judgment or general trust in his or her character is ordinarily insufficient for the creation of a fiduciary relationship. The duties of a fiduciary include loyalty and reasonable care of the assets within custody. All of the fiduciary's actions are performed for the advantage of the beneficiary.

Courts have neither defined the particular circumstances of fiduciary relationships nor set any limitations on circumstances from which such an alliance may arise. Certain relationships are, however, universally regarded as fiduciary. The term embraces legal relationships such as those between attorney and client, Broker and principal, principal and agent, trustee and beneficiary, and executors or administrators and the heirs of a decedent's estate.

A fiduciary relationship extends to every possible case in which one side places confidence in the other and such confidence is accepted; this causes dependence by the one individual and influence by the other. Blood relation alone does not automatically bring about a fiduciary relationship. A fiduciary relationship does not necessarily arise between parents and children or brothers and sisters.

The courts stringently examine transactions between people involved in fiduciary relationships toward one another. Particular scrutiny is placed upon any transaction by which a dominant individual obtains any advantage or profit at the expense of the party under his or her influence. Such transaction, in which Undue Influence of the fiduciary can be established, is void.

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Consumer Protection Act (CPA) / (COPRA)�

Cases are filed without paying court fee
Legal procedure is informal
Does not apply to State/ Central Govt. hospitals
It does not apply to a doctor/ hospital providing Completely free service to all patients.
But it will apply if an individual patient was treated free.
Case can be filed against a doctor even if he was not negligent
Case can be filed even though there is no damage to the patient

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COPRA Courts & Their Powers

District Courts

Headed by a person of rank of District Judge
Claims are filed up to 50 Lac

State Court

Headed by a person of the rank of High Court Judge
Claims up to 2 Crore are filed
Court of appeal from decision of district court

National Court

Headed by a person of rank of Supreme Court Judge
Claim of more than 2 Crore
Court of appeal from state court decisions

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Consumer Courts

The remedy under the Consumer Protection Act is an alternative in addition to that already available to the aggrieved persons/consumers by way of civil suit. In the complaint/appeal/petition submitted under the Act, a consumer is not required to pay any court fees but only a nominal fee.
Decisions are to be given in time bound fashion
Proceedings are informal. The petitioner can argue his own case

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Criminal Laws with Medical Applications

Indian Evidence Act:

Sec 45 : Expert witness
Sec 46 : Refresh memory from text book

Code of Criminal Procedure:

Sec 53(1):Application of force in medical examination of accused
Sec 53(2): For females force can be used only by lady medical officer or in her presence

Sec 53(1) : Application of force in medical examination

When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence , it shall be lawful for a registered medical practitioner , acting at the request of police officer not below the rank

Of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.

Sec 53(2) : force can be used in Medical examination of female only

by lady medical officer or in her presence

Whenever the person of a female is to be examined under this section , the examination shall be made only by, or under the supervision of, a female registered medical practitioner.

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Cr.P.C.

Sec. 174(1): Poilce Inquest carried out

Suicide, or killed by another or by an animal or by machinery or by an accident, or has died under suspicious circumstances

Sec. 174 (3): Dowry Death

Death within 7 years of marriage

Sec. 174 (4): Magistrate Inquest

By executive magistrates

Sec 291(1):Evidence once recorded accepted in subsequent proceedings

Sec 174(1) : When the officer-in-charge of a police station or some other police officer specially empowered by the state government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless other wise directed by any rule prescribed by the State Government , or by any general or special order of the District or Sub-Divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more, respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures , bruises, and other marks of injury as may be found on the body, and stating in what manner , or by what weapon or instrument ( if any ), such marks appear to have been inflicted.

Sec 174(2) : The report shall be signed by such police officer and other persons ,or by so many of them as concur therein , and shall be forth with forwarded to the District Magistrate or the Sub-Divisional Magistrate.

Sec 174(3) : [when

I- The case involves suicide by a woman within seven years of her marriage; or

II- The case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or

III- The case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or

IV- There is any doubt regarding the cause of death; or

V- The police officer for any other reason considers it expedient so to do,

he shall, ] subject to such rules as the State Government may prescribe in this behalf forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the state government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.

Sec 174(4) : the following magistrates are empowered to hold inquests, namely any District Magistrate or Sub-Divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.

Sec 291(1) : The deposition of a Civil Surgeon or other medical witness, taken and attested by a magistrate in the presence of the accused , or taken on commission under this chapter, may be given in evidence in any inquiry , trial or other proceeding under this code, although the deponent is not called as a witness.

Sec 291(2) : The court may , if it thinks fit , and shall on the application of the prosecution or the accused, summon and examine any such deponent as to the subject matter of his deposition.

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Indian penal Code ( I.P.C.)

SECTIONS EMPOWERING DOCTORS

Sec 80-Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge, in the doing of a lawful act, in a lawful manner, by lawful means, and with proper care and caution.
Sec 81-Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, ,if it be dome without any criminal intention to cause harm , and in good faith for the purpose of preventing or avoiding other harm to person or property.

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I.P.C.

Sec 87, 88, 89,92, and 312 empowers a doctor to examine , treat, operate, amputate , castrate or abort a patient; under certain conditions and precautions
Sec 93 protects doctors from any charge if communication of truth to the patient has resulted in to harm if it was done in the interest of the patient

Sec 87 : Nothing which is not intended to cause death , or grievous hurt,

and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause , or be intended by the doer to cause, to any person, above eighteen years of age , who has given consent , whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

Sec 88 : Treatment should be in good faith and with consent

Nothing , which is not intended to cause death is an offence by reason of any harm which it may cause , or be intended by the doer to cause, or be known by the doer to be likely to cause , to any person for whose benefit if is done in good faith , and who has given a consent, whether express or implied , to suffer that harm, or to take the risk of that harm.

Sec 89 : Nothing which is done in good faith for the benefit of a

person under twelve years of age , or of unsound mind, by or by consent, either express or implied , of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause , or be intended by the doer to cause or be known by the doer to be likely to cause to that person: provided -

First: that this exception shall not extend to the intentional causing of death , or to the attempting to cause death;

Secondly: that this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt , or the curing of any grievous disease or infirmity;

Thirdly: that this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity.

Fourthly: that this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Sec 92 : Nothing is an offence by reason of any harm which it may

cause to a person for whose benefit it is done in good faith, even without that person's consent , if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: provided-

First: That this exception shall not extend to the intentional causing of death, or the attempting to cause death;

Secondly: That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other that the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

Thirdly- That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than preventing of death or hurt;

Fourthly:- That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Explanation- mere pecuniary benefit is not benefit within the meaning of sections 88,89 and 92.

Sec 93 : No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.

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

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CHECKS ON MEDICAL PRACTITIONERS

Sec. 52:- Nothing is said to be done or believed in " good faith" which is done or believed without due care and attention.
Sec. 90:- Consent invalid

if given under fear of injury
under misconception of fact
consent of an insane
consent of intoxicated
consent of child under 12 yrs.

Sec 90 : Consent invalid if

A consent is not such a consent as is intended by any section of this Code , if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe , that the consent was given is consequence of such fear or misconception; or

If the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or

Unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.

1. given under fear of injury

2. under misconception of fact

3. consent of an insane

4. consent of intoxicated

5. consent of child under 12 yrs.

Consent can be

Implied or expressed

But must be informed

Essential ingredients of consent are-

An understanding of nature and consequences of the act for which consent is given.

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Consent

Consent can be

Implied or expressed

But must be informed

Essential ingredients of informed consent are-

An understanding of nature and consequences of the act for which consent is given.
He must also be told the alternative courses available to him

Informed consentConsent is not enough. It must be informed.⁶ This raises the question of how informed is adequate bearing in mind the intellect of the patient, how much is wanted and how much is desirable? Informed consent applies to all medical interventions including prescribing and not just to procedures or operations. If a list of every possible complication were to be recited it is unlikely that anyone would ever take any drug or submit to any procedure. A list gives no indication of risk. It is a difficult balance to decide what to tell and what to omit. A very low risk can be omitted but it becomes more important if the adverse consequences are serious or fatal. Even facts and figures to quantify risk are useless if the patient does not understand percentages or the basis or risk. Avoid jargon, technical terms and abbreviations.��In difficult matters of consent where there may be legal issues including consent from minors, refusal of consent or the vulnerable, do not hesitate to seek advice. You are not an expert on the law and remember that it differs, often quite markedly, between Scotland and the rest of the UK.��An extremely important matter with regard to consent to treatment involves advance directive, also known as living wills. The subject has merited its own article.��Another very important issue with regard to consent, is consent to take part in medical trials or experiments. We have known clinical governance for many years but now there is also research governance.⁷

Consent in minorsWhen a young person under 16 comes alone to see the doctor, this creates problems of consent to treatment. The problem is validity of informed consent. If a 14 years old comes alone with impetigo few would have any reservations about issuing a prescription for an antibiotic. If the problem requires operative intervention, including minor surgery in the practice, most would want parental consent.��A relatively common problem is a girl under 16 who requests contraception. It is morally wrong and a criminal offence to have sexual intercourse with a minor. Some have argued that to supply contraception in these circumstances is to be an accessory to a crime. This is untrue as the crime does not require the prescription. The doctor does not facilitate the crime but is engaged in a harm reduction exercise to assure that underage sex is not compounded by underage pregnancy.��Victoria Gillick went to the High Court for a ruling that bears her name although it is not what she wanted. The 16th birthday is no longer regarded as a milestone at which a person suddenly transforms from incompetence to competence to make personal decisions. If the doctor is satisfied that the individual understands the implications and has sufficient maturity to comprehend, then treatment may occur.⁸ Similarly a person over 16 with learning disabilities may be incapable. This applies not just to contraception but to all forms of treatment.��Expert advice is that the doctor should try to convince the girl that she should involve a parent. If this would dissuade her from seeking contraception but not from sexual activity, it should not to be pursued. Some would argue that there are some things that are best kept from parents and that to make them give consent for contraception is inappropriate emotional manipulation.��The girl may be under pressure from an older boyfriend and while she does not want sexual intercourse she is afraid to refuse for fear of loosing him. If he does love her he will be prepared to wait but if he leaves her for this reason he did not love her but wanted to use her and she is better without him. This logic is usually lost on immature girls.��Many young people believe that GPs do not offer them confidentiality and this needs to be addressed. If it is true, it must be rectified. If it is untrue, the truth must be disseminated. Parents may ask about their offspring seeking medical advice and the answer must always be, "We have a practice policy that we do not confirm or deny if a consultation has taken place." If parents get to know that "No" means "No" and "I cannot tell you" means "Yes" there is no confidentiality.

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I.P.C. (Cont.)

Sec 161:Taking gratification other than legal remuneration in an official act - 3 years + fine
Sec 172:Absconding to avoid service of summon- 6 months+ fine
Sec 174:Non-attendance in obedience of summon - 6 months+Rs 1000/-
Sec 175:Omission to produce document - 6 months + Rs 1000/-

Section 61 Cr.P.C provides for issue of summon and that it should be in writing Sec, 66 Cr.P.C. is for Govt. Servants where summon ordinarily is sent to the head of Office.

Sec 161 : Taking gratification other than legal remuneration in an

official act - 3 years + fine

Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or for bearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person , or for rendering or attempting to render any service or disservice to any person with the Central or any State Government or Parliament or the Legislature of any state or with any local authority , corporation or government company referred to in section 21, or with any public servant, as such , shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

Explanations: "expecting to be a public servant". If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section.

"Gratification". The word " gratification" is not restricted to pecuniary gratifications, or to gratifications estimable in money.

"Legal remuneration" . The words " legal remuneration" are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the Government, which he serves, to accept.

"A motive or reward for doing". A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words.

Sec 172 : Absconding to avoid service of summon- 6 months+ fine

Whoever absconds in order to avoid being served with a summons , notice or order proceeding from any public servant, legally competent, as such public servant, to issue such summons , notice or order, 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;

Sec 174 : Non-attendance in obedience of summon - 6 months+

Rs 1000/-

Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a 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 at which it is lawful for him to depart,

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 by 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.

Sec 175 : Omission to produce document - 6 months + Rs 1000/-

Whoever , being legally bound to produce or deliver up any document to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a tern 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 months, or with fine which may extend to one thousand rupees, or with both.

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I.P.C. (Cont.)

Sec 178:Refusing to take oath when duly required - 6 months +Rs 1000/-
Sec 179:Refusing to answer question - 6 months + Rs 1000/-
Sec 180:Refusing to sign statement - 3 months + Rs 500/-
Sec 181:False statement on oath- 3 yrs + fine
Sec 191-195:False evidence and fabrication of false evidence upto 7 yrs. + fine
Sec 197:Issuing or signing of false certificate - 7 yrs. + fine

Sec 178 : Refusing to take oath when duly required - 6 months +

Rs 1000/-

Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself , 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.

Sec 179 : refusing t answer question- 6 months + Rs 1000/-

Whoever, being legally bound to state the truth on any subject to any public servant, refuses 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.

Sec 180 : refusing to sign statement - 3 months + Rs 500/-

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 3 months, or with fine which may extend to five hundred rupees, or with both.

Sec 181 : false statement on oath- 3 yrs + fine

Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorised by law to administer such oath or affirmation , makes , to such public servant or other person as aforesaid, touching that subject , any statement which is false , and which he either knows or believes to be false of does not believe to be true , shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Sec 191-195 : False evidence and fabrication of false evidence upto 7 yrs. + fine

Sec 191 : Whoever, being legally bound by an oath or by an express

provision of law to state the truth, or being bound by law to make a declaration upon any subject , makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Explanation 1: a statement is within the meaning of this section, whether it is made verbally or otherwise.

Explanation 2: a false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

Sec 192 : Whoever, causes any circumstances to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such ,or before an arbitrator, and that such circumstances, false entry or false statement so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding , is said '" to fabricate false evidence".

Sec 193 : Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of judicial proceeding, 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 1: a trial before a court martial is a judicial proceeding.

Explanation 2: an investigation directed by law preliminary to a proceeding before a court of justice is a stage of a judicial proceeding, though that investigation may not take place before a court of justice.

Sec 194 : whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause , any person to be convicted of an offence which is capital by the law for the time being in force in India, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years , and shall also be liable to fine;

And if an innocent person be convicted and executed in consequence of such false evidence , the person who gives such false evidence shall be punished either with death or the punishment herein before described.

Sec 195 : Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause , any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life , or imprisonment for a term or seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.

Sec 197 : Issuing or signing of false certificate- 7 yrs. + fine

Whoever issues or signs any certificate required by law to be given or signed , or relating to any fact of which such certificate is by law admissible in evidence , knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

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I.P.C. (Cont.)

Sec 202:Intentional omission to give information of offence by person bound to inform- 6 months with fine
Sec 212:Harbouring an offender- 3 to 5 years+ fine
Sec 218:Framing incorrect record to save from punishment-3 yrs+ fine
Sec 284: Negligent conduct with respect to poisonous substances- 6 months+Rs. 1000/
Sec 285:Fire or combustible matters - as above
Sec 306:Abetment of suicide - 10 yrs + fine

Sec 202 : Intentional omission to give information of offence by person

bound to inform

Whoever, knowing or having reason to believe that an offence has been committed , intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Sec 212 : Harbouring an offender- 3 to 5 years+ fine

Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment.

Shall , if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years , and shall also be liable to fine;

And if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

And if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine , or with both;

"Offence" in this section includes any act committed ant any place out of India, which , if committed in India , would be punishable under any of the following sections namely - 302,304,382,392,393,39,395,396,397,398,399,402,435,436,449,450,457,458,459and 460 and every such act shall for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it India.

Exception- This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender.

Sec 218 : framing incorrect record to save from punishment-3 yrs+ fine

Whoever being a public servant and being as such public servant, charged with the preparation of any record or other writing , frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that the will thereby save, any person from legal punishment or with intent to save, or knowing that he is likely thereby to save , any property from forfeiture or other charge to which it is liable by law , shall be punished with imprisonment of either description for a term which may extend to three years , or with fine , or with both.

Sec 284 : Negligent conduct with respect to poisonous substances - 6 months +Rs. 1000/-

Whoever does, with any poisonous substance , any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person,

Or, knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance;

Shall be punished with imprisonment of either description for a term which may extend to six months or with fine which may extent to one thousand rupees , or with both.

Sec 285 : " Fire or combustible matters - as above

Whoever does , with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter,

Shall be punished with imprisonment of either description for term which may extend to six months , or with fine which may extend to one thousand rupees or with both.

Sec 306 : Abetment of suicide - 10 yrs + fine

If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment of either description for a tern which may extend to ten years, and shall also be liable to fine.

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