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Report No. 156

Clause 91

12.36. Under this clause new sections 198A and 198B are sought to be added in Chapter XI which deals with the offences of giving false evidence and offences against public justice. The unscrupulous persons do not hesitate to use false medical certificate to gain advantage in the course of the litigation and sometimes for purposes unconnected with the Courts. The Law Commission recommend that issuing false medical certificates and using the same should be made specifically punishable under the new provisions.

We find from the Report that in so recommending the Commission noted that people are accepting generally the medical certificates because they are issued by doctors and therefore it would be better to have a specific provision. In the workshops and in the National Seminar in particular it was deliberated in detail whether such a provision dealing with medical certificate issued by any, practitioner should be made a separate offence.

The consensus particularly from those practitioners who participated was to the effect that provisions are unnecessary and if in a given case a false certificate is deliberately given with intention that it should be used in the judicial proceedings and if any person uses such certificate then he would be punishable under section 197 of the I.P.C..

That apart, section 196 is in general terms and may cover any such usage or attempt to use such document as evidence. Having, given our earnest consideration and also having regard to the fact that the medical practitioners are also brought within the provision of Consumer Protection Act which is a later Act, we think that addition of new sections 198A and 198B is unnecessary. Consequently clause 91 has to be omitted.

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