Criminal Procedure Code Section 174
eMediNexus, 23 June 2022
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This section does not prevent the aggrieved relatives of a deceased patient from prosecuting the doctor for criminal liabilities under IPC Section 304A (whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term, which may extend to 2 years, or with fine, or with both). It, however, prevents doctors from being arrested immediately following the unfortunate event. It also provides the doctors with an opportunity for being assessed by their peers for the alleged professional errors.
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