1.

CONSENT IN MEDICAL
PRACTICE
2. MEDICAL BATTERY
SESSION 1
Fr. Muller Homoeopathic Medical College & Hospital, M’lore
ROTP- Forensic Medicine
24th March 2009

Dr. Ritesh G. Menezes

MBBS, MD, PGDMLS, Diplomate NB
Assistant Professor
Department of Forensic Medicine
Kasturba Medical College, Mangalore
CONSENT IN MEDICAL PRACTICE

The ‘concept’ of consent in medical practice

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Section 13, Indian Contract Act

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Section 90, IPC:
This section describes what does not amount to
consent rather than what is consent or amounts to
consent.
This section mentions that consent is invalid if it is
given by a person-
• under fear of injury
• under a misconception / misinterpretation of fact
• who is intoxicated
• of unsound mind
• under 12 years of age

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Types of consent

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 Doctrine of Informed Consent
• The nature of his (patient) condition.
• The nature of the proposed treatment.
• Alternative treatment possible in his case.
• Risks & consequences of the proposed and
alternative treatments.
• Chances of failure of the proposed and
alternative treatments.

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Scope of Consent

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Informed Refusal

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 Section 87, Indian Penal Code (IPC):

• Nothing which is not intended to cause death,

is an offence by reason of any harm which it
may cause, to any person, above eighteen
years of age, who has given consent, to suffer
that harm.

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 Section 89, IPC:
• A child below 12 years of age or an insane
person (person of unsound mind) cannot give
valid consent to suffer any harm which may
occur from an act done in good faith.

• The consent should be taken from a parent,

guardian or any other individual having lawful
charge of that person.

• Loco parentis.
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 Section 91, IPC:

• Consent given for committing a crime or

illegal act [example: criminal abortion
(induced abortion not indicated as per the
Medical Termination of Pregnancy {MTP} Act]
is invalid, irrespective of whether or not the
act causes harm to the consenting party.

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 Section 92, IPC:
• Act done in good faith for benefit of a person
without consent.
• Consent implied by law in cases of emergency.
• Emergency doctrine.

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 Emergency in the legal sense

Two factors that must be present to constitute

an emergency in the legal sense:

1.Immediate danger of death or serious bodily

harm
2.Person unable to give consent

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Section 53, Criminal Procedure Code (Cr.P.C.):

• When a person is arrested on a charge of committing

an offence & if there are reasonable grounds to
believe that the examination of such an accused
would afford evidence as to the commission of the
offence charged for, it shall be lawful for a registered
medical practitioner, acting at the request of a police
officer not below the rank of sub-inspector, to
examine the arrested person even without his
consent, and to use such force as is reasonably
necessary for the purpose of medical examination.
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Medical Battery

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