Unveiling the laws for doctors: a dire necessity

Abstract

The Hon'ble supreme court of India and various high courts have repeatedly pointed out that every criminal offence is an offence against the state (The nation). In many such cases, a medical examination is required to ascertain the causes of injury/death so that an appropriate and timely legal action can be taken to impart justice. The high court of Allahabad has also observed that the medico legal report (MLR), if given clearly, can either endorse the incident as given by the eye witnesses or can disprove the incident to a great extent. But what if the medical practitioner conducting the medical examination pleads ignorance of the legal provisions and procedures, leading to non-accumulation of the essential medical evidence? Though bound by the legal principle of ‘ignorance of the law is no excuse,’ the Judiciary will not entertain such a plea; nonetheless, justice would be compromised. Further, the trusts of the patients would also be at stake. This manuscript attempts to address the said concerns and the ones accompanying it so that neither the medical practitioners nor the patient and, most importantly, the nation becomes the victim of oblivion, and thus, reaching the only resolution- ‘National medico-legal protocol’ as necessitated not only by the facts, but also the regulation - the criminal procedure (Amendment) act, 2005.