Legal Question in Criminal Law in India

Mr Aslam is murderer of a friend of Dr Farhan , a surgeon of civil hospital. In accident Mr Aslam is injured and hospitalized in civil hospital. . An operation is required to save life of Mr Aslam. Only Mr Farhan was on duty, but he avoided to operate Aslam, and Aslam died as a consequence. Whether the

act of Mr. Farhan is liable to be punished? Need relevant provisions of law.


Asked on 6/16/21, 6:35 am

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

I think it is an academic question. Yes the doctor was duty bound to operate Aslam. This comes from tort law which is non codified in India. There may some provisions somewhere, but as far as compensation is concerned, that can be ordered by a court under breach of tortuous liability alongwith damages. However he can be punished to the extent of getting de registered as a doctor by the medical council.

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Answered on 6/21/21, 12:17 am


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