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A doctor should never issue a false certificate

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eMediNexus    21 January 2023

Issuing a false certificate is professional misconduct and is punishable under Regulation 7.7 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics), Regulations, 2002. 

 

Regulation 7.7 states: “…Any registered practitioner who is shown to have signed or given under his name and authority any such certificate, notification, report or document of a similar character which is untrue, misleading or improper, is liable to have his name deleted from the Register.”

 

In its order vide DMC/DC/F.14/Comp.1126/2/2013/ dated 22nd August, 2013, the Disciplinary Committee of the Delhi Medical Council observed that registered medical practitioners have a legal responsibility for their statements and if a registered medical practitioner signs a false certificate, it may result in a charge of negligence or fraud.

 

Issuing a false certificate is also punishable under IPC with both imprisonment and fine. Section 197 in The Indian Penal Code, 1860: Issuing or signing false certificate. “Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.”

 

Section 193 in The Indian Penal Code, 1860: Punishment for false evidence. “Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine …”

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