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Report No. 196

10. Protection of competent patients from criminal action in certain circumstances:-

Where a competent patient refuses medical treatment in circumstances mentioned in section 3, notwithstanding anything contained in the Indian Penal Code (45 of 1860), such a patient shall be deemed to be not guilty of any offence under that Code or under any other law for the time being in force.

11. Protection of medical practitioners and others acting under their direction, in relation to competent and incompetent patients:-

Where a medical practitioner or any other person acting under the direction of the medical practitioner withholds or withdraws medical treatment,

(a) in respect of a competent patient, on the basis of the informed decision of such patient communicated to the medical practitioner for such withholding or withdrawal, or

(b) (i) in respect of a competent patient who has not taken an informed decision,


(ii) in respect of an incompetent patient, and the medical practitioner takes a decision in the best interests of the patient for withholding or withdrawal of such treatment, such action of the medical practitioner or those acting under his direction, and of the hospital concerned, shall be deemed to be lawful, provided only where the medical practitioner has complied with the of sections 5, 6 and 8.

Medical Treatment to Terminally Ill Patients (Protection of Patients and Medical Practitioners) Back

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