IPC & CRPC

IPC & CrPc.
Related to Medical Practice
Ananyaa Sinha
121716101011
Indian Penal Code (IPC) 1860
• Contains both definitions /punishments of offences.
• IPC consists of 511 sections
Criminal Procedure Code (CrPc) 1972
• Different Procedures followed in case of crime

MEDICAL PRACTICE
History •Consent
Legal Medico
Examination •Negligence Proceedings
Treatment legal cases
•MLDocs
•RTA
•Suicides
•Criminal
Abortion
CONSENT –
voluntary agreement, permission compliance .
This can be implied, oral or written.
• Sections –
• 88 IPC – Act done in good faith for the benefit of the
person,the consenting person should be > 12 years old.
• 89 IPC: Any act done in good faith for a child < 12
yrs/insane person, require consent from the guardian.
• 90 IPC: Consent given by a child < 12yrs/ due to
insanity/Intoxication/ Under the Influence of threat/
fear is an invalid consent
• 92 IPC: In emergency/ life-threatening situations
consent is not required
• Consent of victim in criminal cases for
examination needed. Examination cannot be
done without consent.(Victims of assault,
rape, abortion etc)
• Consent of spouse legally required for AIS and
sperm or ovum donation.
• Consent Statutory Rape – Consent not valid if
she is less than 18yrs old
MEDICOLEGAL DOCUMENTS
• Sections –
• 197 IPC: Punishment (P) for issuing false

certificates (7yrs + fine)
• 198 IPC: Punishment (P) for using false
certificates (7yrs + fine)
PROFESSIONAL NEGLIGENCE
It is the absence of reasonable and skill or wilful

negligence of a medical practitioner in the treatment of
a patient which causes injury or death of the patient
• 336 IPC, 337 IPC:(P)HURT due to rash &
negligent act imprisonment of term of six
months, or with fine extend to five hundred
rupees, or both.
• 338 IPC: (P) for causing GRIEVOUS hurt due to

rash & negligent act imprisonment upto two
years, with fine one thousand rupees, or both
• 304 (A) IPC: Causing death due to rash and

negligent act (2 years imprisonment)
MEDICOLEGAL CASES
• Criminal Abortions –
• 312 IPC whoever voluntarily causes criminal
abortion is liable for imprisonment up to three
years, and/or fine; Both the person causing the
abortion and the woman are liable for
punishment.
• 313 IPC: if the miscarriage is caused without
the consent of the woman, the imprisonment
may be up to ten years.
• 314 IPC: if a pregnant woman dies from an
act intended to cause miscarriage, offender is
liable to be punished with rigorous
imprisonment, not be less than ten years and
also fine up to two lakh rupees.
• 315 IPC: a person doing an act intended to

prevent the child from being born alive or to
cause to die after its birth, liable to be
punished with imprisonment up to ten years.
• 316 IPC: causing death of unborn child by any
act amounts to culpable homicide, up to ten
years imprisonment.
ACCIDENTS & ASSAULTS
• 319 IPC :HURT
• Whoever causes bodily pain, disease or
infirmity to any person is said to cause hurt.
Punishment for Hurt

323 IPC – Punishment for voluntarily causing hurt
1yr imprisonment
324 IPC – Punishment for voluntarily causing hurt
with a dangerous weapon 3yrs imprisonment
• 320 IPC :GRIEVOUS HURT
• Emasculation.
• Permanent privation of the sight of either eye.
• Permanent privation of the hearing of either ear.
• Privation of any member or joint.
• Destruction or permanent impairing of the powers of
any member or joint.
• Permanent disfiguration of the head or face.
• Fracture or dislocation of a bone or tooth.
• 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.
PUNISHMENT FOR GRIEVOUS HURT
• 325 IPC : voluntarily causing grievous hurt

Gives 7yrs imprisonment.
• 326 IPC: Grievous hurt with dangerous
weapon, gives 10yrs imprisonment.
• 326 (A)IPC: (P)for VITRIOLAGE (acid attack)
10 years to Life + Fine paid to the victim
• 326 (B)IPC: (P)for attempt to cause acid attack
5 to 7 years + Fine
SUICIDES
• 305 IPC. Abetment of suicide of child or
insane person.—If any person under eighteen
years of age, any insane person, or any person
in a state of intoxication, commits suicide,
whoever abets the commission of such
suicide, shall be punished with death or
[imprisonment for life], or imprisonment for a
term not exceeding ten years, and shall also
be liable to fine.
• 306 IPC : If any person commits suicide,
whoever abets the commission of such
suicide, shall be punished 10 Years + Fine
• 309 IPC : Attempt to commit suicide—
Whoever attempts to commit suicide and
does any act towards the commission of such
offence, 1 year with fine, or both
HOMICIDES
• 299 IPC – gives the definition for culpable homicide
• 300 IPC – Culpable homicide amounting to murder
• 302 IPC – (P) Whoever commits murder shall be
punished with death, or imprisonment for life, and
shall also be liable to fine.
• 304 IPC- Culpable homicide not amounting to murder, If
act by which the death is caused is done with intention
of causing death. Life imprisonment + Fine
• 304 B IPC – Dowry deaths – punishment not less than 7
yrs upto life imprisonment.
LEGAL PROCEEDINGS
• 174 IPC: Punishment for non-obedience to
summons (3years + fine or both)
• 193 IPC: Punishment for false evidence / Fabrication

of evidence [Maximum Punishment →7 yrs
imprisonment]
• 201 IPC: (P) for causing disappearance of

evidence Eg: In poisoning cases, we need to
preserve vomitus, gastric contents, clothing etc
• Not preserving gastric lavage material
amounts to disappearance of evidence
• Embalming of a poisoning case before
autopsy amounts to disappearance of
evidence
SECTIONS RELATED TO CRIMINAL RESPONSIBILITY / LIABILITY OF A
PERSON
• Sections related to Age

• 82 IPC: Any crime done by a person, who is <7 yrs of
age is not liable to be punished
• 83 IPC: In crime done by a person b/w (7-12 yrs) of
age, liability depends on mental maturity of the
person , determined by the court of law.
• (Whether person has/ has not attained sufficient
mental maturity to understand the nature of crime.
This is decided by the court.
• Section related to Soundness of Mind
• 84 IPC: Any crime done by an insane person /
the person who is with unsound mind, is not
liable to be punished.
• Section related to Intoxication-

• 85 IPC: Involuntary drunkenness/Intoxication
• Crime done by a person d/t intoxication by any
substance which was administered to him
without his knowledge/against his will, is NOT
PUNISHABLE (NOT LIABLE).
• 86 IPC: Voluntary drunkenness/Intoxication
• Person, himself is taking the substance
voluntarily(with his knowledge) & got
intoxicated & commits a crime, then he is
LIABLE FOR PUNISHMENT
OTHERS
• 269 IPC- (P) for any negligent act leading to s
transmission of fatal disease. 6months + fine
• 270 IPC- malignant act resulting in
transmission of disease 2yrs+fine or both
• 272 IPC –(P) adulteration of food
6months +fine
CRIMINAL PROCEDURE CODE
• S.53 CrPc :Consent of an arrested person at
police request not needed u/s 53 CrPc
• S.164 ACrPc: Medical Examination of Victim of
Rape
• S.357C : All hospitals whether govt or private
to provide immediate first aid and medical
treatment free of cost to any victim of rape
and vitriolage.

IPC & CRPC

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IPC & CRPC

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IPC & CrPc.

Related to Medical Practice

Criminal Procedure Code (CrPc) 1972

• Different Procedures followed in case of crime

• 197 IPC: Punishment (P) for issuing false

It is the absence of reasonable and skill or wilful

• 338 IPC: (P) for causing GRIEVOUS hurt due to

• 304 (A) IPC: Causing death due to rash and

• 315 IPC: a person doing an act intended to

Punishment for Hurt

• 325 IPC : voluntarily causing grievous hurt

• 193 IPC: Punishment for false evidence / Fabrication

• 201 IPC: (P) for causing disappearance of

• Sections related to Age

• Section related to Intoxication-

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