A registered medical practitioner is called as a witness in a murder trial. During cross-examination, the defense lawyer asks the doctor to disclose confidential medical records of the accused from a prior hospitalization, claiming it is relevant to the defense. Under the Bharatiya Sakshya Adhiniyam (BSA) 2023, which provision governs the doctor's duty of privileged communication and its exceptions?
- A Section 129 - Professional communications (privileged communication) ✓
- B Section 127 - Communications during marriage
- C Section 136 - Leading questions to a hostile witness
- D Section 146 - Questions lawful in cross-examination
Correct answer: A. Section 129 - Professional communications (privileged communication)
Explanation
BSA Section 129 (formerly Section 126 of the Indian Evidence Act) governs privileged communication between a client and legal advisor. However, the doctor-patient privilege is NOT recognized under Indian law as a statutory privileged communication. The question tests knowledge of BSA sections on privileged communications. Section 129 covers professional communications but does NOT give absolute privilege to doctors, so the doctor generally must answer in court.
Reference: Reddy K. S. Narayana - Essentials of Forensic Medicine and Toxicology, 37th ed.
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Written and medically reviewed by the StethoPrep medical team.