The Spirit of Doctors Supports Health Care: Kerala High Court Dismisses Charges Against Doctor for Alleged Refusal to Examine a Minor.
The Kerala High Court dismissed the criminal charges against a doctor accused of not examining a minor girl, emphasizing that the morale of doctors is essential for healthcare. The doctor, referred to as the Petitioner, faced accusations under Section 166B of the IPC. The Court pointed out that for a case to fall under Section 166B, there must be a violation of Section 357C of the CrPC, which pertains to serious crimes like acid attacks and sexual assaults. However, the Court noted that the minor in this situation was not a victim of such crimes. Justice P.V. Kunhikrishnan stated, “The petitioner claims she attended to the victim and has documents from the hospital to support her case. She argues that the accusations from the second respondent are false and has provided evidence to prove her innocence. The morale of doctors is crucial for healthcare. However, if the allegations against her are true, it is a serious matter.”
Advocate Shyam Padman represented the Petitioner, while Senior Public Prosecutor Renjith T.R. represented the Respondents. The 17-year-old minor, who had been reported missing, was located by the police and taken to the Petitioner for a medical check-up. The police report claimed that the Petitioner refused to examine the minor and verbally abused her, her mother, and police officers in front of other patients. The prosecution argued that the Petitioner sent them away without providing a medical certificate, alleging that she violated Section 357C of the CrPC, which requires hospitals to offer immediate and free medical care to victims of specific crimes, thus leading to charges under Section 166B of the IPC.
The Petitioner claimed that the accusations were false and that she had cared for the minor while dealing with other urgent matters. The High Court observed, “It is clear that the victim presented by the Police is not a victim of any crime listed under Section 326A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, or Section 376E of the IPC.” Thus, the Court stated, “For an offense under Section 166B IPC to apply, there must be a violation of Section 357C of the Criminal Procedure Code. Section 357C Cr.P.C. requires hospitals, whether public or private, to provide free first aid or medical treatment to victims of any offenses under Section 326A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, or Section 376E of the Indian Penal Code.”
The Court instructed the State Police Chief to investigate the Petitioner’s counter-claims against the complainant officer, noting, “The police officer’s badge represents trust, honor, and courage. To uphold this, an inquiry by a qualified officer regarding the second respondent based on the Petitioner’s claims is essential.” As a result, the Court declared, “All ongoing actions against the Petitioner in the Judicial First Class Magistrate Court-I, Kozhikode are dismissed.” Therefore, the High Court approved the Petition.
Cause Title: Dr. Beena Bahuleyan v. State of Kerala & Anr. (Neutral Citation: 2024:KER:87679)
