Which consent is applicable in India: Real or informed?


Dr KK Aggarwal and Ms Ira Gupta    12 April 2018

In India, real consent and not informed consent is applicable. The components of real consent as stated by the Hon’ble Supreme Court of India are: “A doctor has to seek and secure the consent of the patient before commencing a ‘treatment’ (the term ‘treatment’ includes surgery also). The consent so obtained should be real and valid, which means that: The patient should have the capacity and competence to consent; his consent should be voluntary and his consent should be on the basis of adequate information concerning the nature of the treatment procedure, so that he knows what is consenting to.”

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