Forensic Medicine · Medical Jurisprudence and BNS/BNSS/BSA Sections

A doctor issues a false medical certificate stating a patient was grievously hurt, to assist a fraudulent insurance claim. Under BNS 2023, the doctor is liable under which section?

  • A Section 316 BNS (Fabricating false evidence)
  • B Section 336 BNS (False certificate by person in authority)
  • C Section 271 BNS (Using evidence known to be false)
  • D Section 230 BNS (Mischief causing wrongful loss)
Correct answer: B. Section 336 BNS (False certificate by person in authority)

Explanation

Section 336 BNS (corresponding to old IPC Section 197) specifically deals with issuing a false certificate by a person who is authorised by law to give such a certificate; a registered medical practitioner issuing a false medical/injury certificate falls under this section. This offence carries imprisonment up to 3 years, fine, or both. Section 316 BNS deals with fabricating false evidence for judicial proceedings; Section 271 deals with corruptly using evidence. The doctor's act of issuing a false medical certificate (not false evidence in court) is best captured under Section 336.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

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