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Report No. 196

5. Withholding or withdrawing of medical treatment by medical practitioner in relation to a competent patient who has not taken an informed decision and in relation to an incompetent patient:

(1) Subject to compliance of the provisions of section 6, a medical practitioner may take a decision to withhold or withdraw medical treatment

(a) from a competent patient who has not taken an informed decision, or

(b) from an incompetent patient:

Provided that the medical practitioner is of the opinion that the medical treatment has to be withheld or withdrawn in the best interests of the patient.

(2) The medical practitioner shall, while taking a decision under subsection (1),

(a) adhere to such guidelines as might have been issued by the Medical Council of India under section 14 in relation to the circumstances under which medical treatment to a patient in respect of the particular illness could be withheld or withdrawm, and

(b) consult the parents or relatives (if any) of the patient but shall not be bound by their views.



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