Under Section 88 of the Indian Penal Code (IPC)—now Section 26 of the Bharatiya Nyaya Sanhita (BNS)
—an act is not a criminal offense if:
It is done in good faith.
The law explicitly uses a surgical operation as its primary example: if a doctor performs a high-risk operation in good faith to save a life, and the patient dies, no crime has been committed!!
Many people believe that if a medical procedure fails.. they can instantly register a criminal FIR against the doctor.
This this rule was changed by The Supreme Court of India to protect medical professionals from harassment.
In the landmark judgment Jacob Mathew v. State of Punjab (2005), the Supreme Court laid down strict conditions for police officers: No Automatic Arrests: A doctor cannot be arrested simply because a complaint was filed.
- No Automatic Arrests: A doctor cannot be arrested simply because a complaint was filed.
- Gross Negligence Required: To charge a doctor with a crime, the complainant must prove “gross, reckless negligence”—not just a simple mistake or bad outcome.
- Expert Opinion: Police cannot register a criminal case without first getting an independent medical opinion from a government doctor.
Medical treatment involves inherent clinical risks. The legal system differentiates between an unfortunate clinical outcome and an actual crime. Proper consent, clear documentation and good faith care remain a clinician’s strongest legal defenses.
Did you know about Section 88 before reading this, or did you assume any surgical death could lead to a police case?
MBH/PS