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NOTE ON ACTION AGAINST FALSE ASSUMPTIONS OF MEDICAL PRACTITIONERS

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eMediNexus    22 February 2018

The Delhi Medical Council Act, 1997 has been enacted to provide for the constitution of the Delhi Medical Council, and the maintenance of a register of medical practitioners who are engaged in the practice of modern scientific system of medicine and all its branches in the National Capital Territory of India and for matters connected therewith.

According to Section 27 of the Delhi Medical Council Act, any person who falsely assumes that he is a medical practitioner as defined in Clause (7) of Section 2 and practises the modern scientific system of medicine, shall be punishable with rigorous imprisonment which may extend up to three years or with fine which may extend up to Rs. 20,000/- or with both.

The above mentioned offence of false assumption of any person as a medical practitioner practicing modern system of medicine is a punishable offence which is a cognizable and non bailable offence as per Schedule II of CrPC.

When the Delhi Medical Council comes to know about any person who is falsely assuming himself / herself as a medical practitioner practicing modern system of medicine, then Delhi Medical Council files a police complaint against the said person. On receiving the complaint from Delhi Medical Council, the Police officials promptly registers FIR against the said person.

The SHO shall adequately brief Division / Beat staff to gehter information about the quacks proactively. Credentials of such persons violating provisions of Section 27 of Delhi Medical Counil Act, 1997 shall be verified by the police from Delhi Medical Council. If the report of the Delhi Medical Council discloses that the said person is a quack, then SHO shall promptly register a case under appropriate sections of law.

The cognizance of theses offences can be taken by the Court only on the complaint of the competent authority under Section 28(2) of the Delhi Medical Council Act, 1997. After completion of investigation, the SHO shall forward the outcome of investigation to the Delhi Medical Council. Thereafter, the Delhi Medical Council would file a complaint in the Court in accordance with law. After the filing of the complaint by Delhi Medical Council in the Court, the SHO will file chargesheet (final report of police investigation) in the Court.

The Deputy Commissioner of Police, Delhi Police has vide circular dated 22.05.2014 clarified to all police officers about the cognizance of the offence under Section 27 of the Delhi Medical Council Act, 1997.

Source:

  1. Delhi Medical Council Act, 1997
  2. circular dated 22.05.2014 of Deputy Commissioner of Police

CIRCULAR

No. 15/2014

Subject- Action~ against false assumption of medical practitioners (Quacks).

False assumption of medical practitioner in terms of the Delhi Medical Council (DMC) Act, 1997 and the Delhi Bhartiya Chikitsa Parishad (DBCP) Act, 1998 is a cognizable and non bailable offence under the respective Act as per schedule II of CrPC.

2. Section 27 of the DMC Act, 1997 reads as under:-

Any person who falsely assumes that he is a medical practitioner or practitioners as defined in Clause (7) of Section 2 and practices the modern scientific system of medicine, shall be punishable with rigorous, imprisonment which may extend up to three years or with fine which may extend up to Rs.20,0001- or with both".

3. Section 30 of the DBCP Act, 1998 reads as under:

"Any person who falsely assumes that he is a practitioner as defined in clause (k) of section 2 and practices the Shartiya Chikitsa (Indian System of Medicine) shall be punishable with rigorous imprisonment which may extend upto three years and with fine which may extend upto fifty thousand rupees".

4. In case a complaint is received from the DMC and the DBCP warranting action u/s 27 of the DMC Act, 1997 or u/s 30 of the DBCP Act, 1998 respectively, FIR should be registered promptly.

5. SHOs adequately brief Division/Beat’ staff to gather information about quacks proactively. Credentials of such persons violating provision of section 27 of the DMC Act, 1997 and section 30 of the DBCP Act 1998 shall got verified from the concerned Council.

If the report of the concerned council discloses that the suspect is a quack, the SHO shall promptly register a case under appropriate sections of law.

Cognizance of these offences can be taken by the Court only on the complaint of the competent authority empowered u/s 28(2) of the DMC act, 1997 and u/s 31(2) the DBCP Act, 1998 respectively. After completion of investigation, the SHO shall forward the outcome of investigation to the concerned Council. The concerned Council would then file a complaint in Court in accordance with law. After

Filing of such complaint, SHO will file chargesheet in the court.

Contact details of the Councils:

  1. Delhi Medical Council Room No 308A, 3rd Floor, Administrative Block. Maulana Azad Medical College Campus, New Delhi -110002 Phone: 011-23237962, Fax: 011-23234416 E-mail: delhimedicalcouncil@gmail.com Website.: delhimedicalcouncil.org
  2. Delhi Bhartiya Chikitsa ParishadCsc-III, First Floor, Preet Vihar, Delhi - 110092, B Block, Preet Vihar – 92Phone: 011-22059046, Telefax: 011-22059032Email: dbcp111@gmail.com, Website: www.dpcp.co.in

This supersedes the earlier Circular No. 2/2014 dated 8.01.14 issued on this subject.

(HARENDRA K. SINGH) DY. COMMISSIONER OF POLICE: HEAD QUARTERS, DELHI

No. 2829-2925/Record Branch/PHQ dated, Delhi, the 22.05 copy forwarded for information & necessary action to:-

All Spl.CsP/Joint CsP/Addl. CsP, Delhi.

All Districts/Units Addl.CsP/DCsP including P/PTC, Crime, Railways, 1GI Airport, Sp1. Cell, SPUWAC and FRRO, Delhi. SO to CP/Delhi.

LA to CP, FA to CP, Delhi & DCP/PRO.

All ACsP/PHQ.

All Inspectors, PHQ.

SO to DCP/HQ, Delhi

All ACsP/C&T Branch/PHQHAR/PHQ with 5 spare copies

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