Lessons learnt from Rajasthan suicide case

Dr Gaurav Aggarwal

MBBS, MD (Forensic Medicine), DNB, LLB

Medicolegal Consultant, Lawyer & Professor-Forensic Medicine

Mob: 9811154655

A false case of Murder (u/s 302 IPC) / Culpable homicide (u/s 304 IPC) has been registered against a doctor by the Police.

What are the remedies available to a doctor for a false case against her/him?

Facts of the case-

• Lalsot, Distt. Dausa (Rajasthan)- 28th March’22, a patient died due to a pregnancy related complication of PPH (postpartum haemorrhage).

• After a conspiracy was hatched between local politicians, newspersons and local police, a false case of murder u/s 302 IPC was registered against the treating doctor, a lady gynaecologist.

• Such incidents of false cases being registered against treating doctors u/s 302, 304 IPC, etc have time and again cropped up in independent India.

Remedies available

1. Cool head

Remedies available

2. Call 112 (Police control room helpline) – to report the registration of false FIR and harassment by the named accused persons.

→ Record all conversations and save the docket number given by the police.

Remedies available

3. Application to SHO for registration of FIR against police officers for registering false FIR.

Remedies available

4. Complaint to the DCP/SP and Police Commissioner/DGP for false registration of FIR by Police officials u/s 182 IPC.

Remedies available

5. Complaint to DCP/SP and Police Commissioner/DGP for registering FIR against Police officials u/s 154(3) IPC.

Remedies available

6. Complaint to Judicial Magistrate for order to file FIR u/s 156(3) CrPC against Police official.

Remedies available

6. Complaint to Judicial Magistrate for order to file FIR u/s 156(3) CrPC against Police official-

Police officer can be liable u/s 211 IPC.

Section 211 IPC – False charge of offence made with intent to injure- relates to punishment for the offense of falsely charging a person for criminal proceedings (in this case e.g. by falsely instituting an FIR u/s 302 IPC or 304 IPC).

Remedies available

7. Complaint in Magistrate’s Court against police officials u/s 190, 200 and 211 for proceedings against Police officials and other parties.

Remedies available

8. Petition to High Court for quashing the falsely registered FIR.

Remedies available

9. Complaint under NHRC – right to a fair trial under Article 6 of the Constitution.

Remedies available

10. Compensation under Criminal Law

Remedies available

11. Under the Constitution / Public Law Remedies – compensation under Article 226/227 and 32 of the Constitution.

Remedies available

11. Under the Constitution / Public Law Remedies – compensation under Article 226/227 and 32 of the Constitution.

Article 226 in the Constitution of India – Power of High Courts to issue certain writs –

(1) …..High Court shall have powers…..to issue to any person or authority, including…..any Government….orders or writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them…..

Remedies available

11. Under the Constitution / Public Law Remedies – compensation under Article 226/227 and 32 of the Constitution.

Article 32 in the Constitution of India – Remedies for enforcement of rights conferred by Part III (Fundamental Rights) of Constitution of India.

Remedies available

12. Compensation under Civil Law

Remedies available

12. Compensation under Civil Law

• Under Civil Law, compensation can be claimed

as a matter of violation of legal rights.

• Though Malicious Prosecution is the correct term, but if there is no Prosecution, then there is no case of Malicious Prosecution, however this is a fit case for claim of compensation under general tortious liability in a Civil Court.

What if there is violence against doctors or medical establishments?

The Delhi Medicare Service Personnel And Medicare Service Institutions (Prevention of Violence And Damage To Property) Act, 2008.

Violence

any harm, injury, endangering life, intimidation, obstruction or hindrance to any medicare service personnel or damage to property.

Violence

Harm = नुकसान = क्षति → S.44 IPC Injury = चोट = घाव → S.44 IPC

Endangering life = जीवन को खिरा → S.320,336 IPC

Intimidation = धमकी → S.503/506 IPC Obstruction = बाधा = प्रतिरोध → S.283 IPC Hindrance = रूकावट = अवरोध → S.228 IPC

Damage to property=सम्पति को नुकसान → S.425/427 IPC

Offender

any person, leader or member of group who commits, abets or incites violence.

Penalty

Imprisonment up to 3* years

or

Fine up to Rs.50,000/-

Or, both

+ Recovery of twice the purchase price of equipment

*Punjab= 1 yr, Tamil-Nadu=10 yrs.

Laws in IPC to deal with violence

Sec. 319-322: Related to causing hurt, grievous hurt (loss of vision, loss of hearing or disfigurement, etc.)

1 Sec. 319

2 Sec. 320

3 Sec. 321

4 Sec. 322

5 Sec. 323

7 Sec. 325

9 Sec. 491

10 Sec. 499

Hurt

Grievous hurt

Voluntarily causing hurt Voluntarily causing grievous hurt

Punishment for voluntarily causing hurt Punishment for voluntarily causing grievous hurt

Related to breech of contract Related to defamation

Sec. 323-326: Related to punishment for causing hurt, grievous hurt, by simple means and dangerous means or weapons

6

Sec. 324

Voluntarily causing hurt by dangerous weapons or means

8

Sec. 326

Voluntarily causing grievous hurt by dangerous weapons or means

Thank you !