A registered medical practitioner refuses to provide emergency medical treatment to a victim of acid attack stating it is a medicolegal case requiring police clearance first. Under the Bharatiya Nyaya Sanhita (BNS) 2023, the doctor's obligation to provide emergency treatment is codified under:
- A BNS Section 397 — medical treatment of injured ✓
- B BNS Section 39 — duty to assist
- C There is no specific BNS provision; it is governed by State Emergency Medical Services Acts
- D BNS Section 124 — duty of public servants
Explanation
BNS Section 397 (corresponding to IPC Section 357C inserted in 2013 post-Nirbhaya recommendations) mandates that all hospitals, public or private, must provide free first aid and medical treatment to victims of acid attacks or sexual violence without waiting for police formalities. Failure to comply is an offence. This provision was introduced following the 2012 Delhi gang rape case recommendations to prevent denial of emergency care due to medicolegal hesitancy. The treating doctor cannot withhold emergency treatment citing the medicolegal nature of the case.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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Written and medically reviewed by the StethoPrep medical team.