Laws of Interest to Medical Profession

uraizy

uraizy

Legal Procedure

uraizy

Offence committed

Reported to police FIR recorded

Investigated by police

Offender available Offender not available

culpable non-culpable

arrested

Charged before the Court - arraignment

Court proceedings – adversarial system

Verdict by the Court

Not guilty Guilty

acquitted punished

Pleads guilty Pleads not guilty

punished

uraizy

witness accused

Prosecution attorney

Defence attorney

Clerk of the court

Set up of a criminal court

uraizy

1 Examination-in-chief

stages of witness examination

2 Cross examination

3 Re-examination

Questions by the court

uraizy

witness accused


Defence attorney

Clerk of the court

Examination-in- chief

uraizy

witness accused


Defence attorney

Clerk of the court

Cross examination

uraizy

witness accused


Defence attorney

Clerk of the court

Re-examination

uraizy

witness accused

Clerk of the court

Questions by the Court

1 Examination-in-chief

2 Cross examination

3 Re-examination

????

uraizy

Types of witnesses

•Common witness

•Expert witness

•Hostile witness

uraizy

Types of evidence

•Direct evidence

•Documentary evidence

•Physical evidence

•Circumstantial evidence

uraizy

Exceptions to admissibility of evidence

•Dying declaration

•Dying deposition

•Statement of witness in a previous case

•Professional text books and treatises

•Statement of dead person

•Statement of person whose production entails extra expense or time

•Law of necessity

uraizy

Advice to a medical witness

•Dress properly

•Follow decorum of the Court

•Take original documents regarding the case to the Court with you while going for testimony

•Understand legal semantics

•Remain within your speciality

•Leave the Court with permission when discharged

uraizy

Definitions of Law

The formal means of social control that involves the use of rules that are interpreted and are enforceable by the courts of a political community – James Davis et al 1962

A body of binding obligations regarded as right by one party and acknowledged as duty by the other, which has been reconstitutionalized within the legal institution so that society can continue to function in an orderly manner on the basis of rules so mentioned – Paul Bohannan 1968

Law as source of social order indicates relationship of legal to moral obligations, and is a body of rules governing human actions – HLA Hart, 1954

uraizy

Definitions of Law

Law in its more general and comprehensive form signifies a rule of action and is applied indiscriminately to all kinds of actions whether amenable or unamenable, rational or irrational – Blackstone

Law is the command of the sovereign – John Austin

Law is a prediction of what a Court will enforce – Oliver Wendell Holms

A body of principles enforced by a political sovereign authority for the attainment of justice - Salmond

uraizy

Law is a code of social and moral

behaviour, enacted by the parliament and codified into

sections for ease of reference

uraizy

Types of Law

1 Common law – stare decisis

2 Statutory law – made by State and legislators; Judges maintain a crucial check on executive branch of the Govt

3 Constitutional law – highest law; pertains to the fundamental rights of the citizens; appeals can be made to Supreme Court

uraizy

Sources of criminal law of Pakistan

Constitutional Law – Backgrounda Act of India 1935b Constitution of 1956 & 1962c The Martial Law Regulationsd Intl Crime Control Conventionse State Security Public Ordersf Defence of Pak Provisions, andg Islamic, political, social, economic adm & Citizens’ Rights Provisions

Procedural Law – Backgrounda CrPCb Police Act and Rulesc Courts’ laws, rules and rulings

Substantive Law – Backgrounda PPCb Islamic Hudood lawsc Qisas and Diyat lawsd Local & Special rules, ande Rules & Regs on public chastity, law & order, social, cultural solidarity & religious morality

uraizy

Legal presumptions

1 Every man is innocent until proved otherwise2 Every man is sane and responsible for his acts3 Burden of proof rests with the prosecution4 Facts must be proved with preponderance of

evidence5 Burden of proof shifts to defence when facts have

been proved beyond reasonable doubt

uraizy

Criminal Civil

Law

1 For maintaining peace and order in the society

2 Deals with offences3 State vs defendant4 Punishments are

awardedExamples: murder, rape,

abortion, drinking, treason

1 For redressing grievances between individuals/parties2 Deals with complaints3 Complainant vs defendant4 Compensations are granted

Examples: rents, insurance claims,recoveries, torts etc

uraizy

Pakistan Penal Code1860

uraizy

PAKISTAN PENAL CODE

1860

Chapter II

General Explanations

"An act of commission or an act of omission made punishable by the Code".

Sec 40 Offence

uraizy

PAKISTAN PENAL CODE

1860

Chapter II


"Any harm whatever illegally caused, to any person, in body, mind, reputation or property."

Note: The word "wound" is not defined in the Law.

Sec 44 Injury

uraizy

PAKISTAN PENAL CODE

1860

Chapter II


"The word "oath" includes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of Justice or not."

Sec 51 Oath

uraizy

PAKISTAN PENAL CODE

1860

Chapter II


"Nothing is said to be done or believed in good faith which is done or believed without due care and attention." Example: Where a person, uneducated in matters of surgery, operated on a man for internal piles by cutting them out with an ordinary knife, and the man died from haemorrhage, it was held that he did not act in good faith although he had performed similar operations on previous occasions.

Sec 52 Good faith

uraizy

PAKISTAN PENAL CODE

1860

Chapter III

OfPunishments

Sec 53 Punishments “The punishments to which offenders are liable under the provisions of this Code are:- Firstly Qisas; Secondly Ta'azir; Thirdly Diyat; Fourthly Arsh; Fifthly Daman; Sixthly Death; Seventhly Imprisonment for life Eighthly Imprisonment which is of

two descriptions, namely (i) rigorous i.e. with hard labour; (ii) simple;

Ninthly Forfeiture of property;

Tenthly Fine”.

uraizy

Punishments

1 Punitive – severe suffering by prison rigors

2 Retributive – or retaliatory – an eye for an eye

3 Expiative – compensatory penalties by violators

4 Deterrent – specific or general pain to offender that teaches lesson to others not to get involved in criminality

5 Protective – confinement of perpetrators to save society from future criminality and offenders from social retaliation

6 Reformative – teach, educate, train, treat or tame an offender as a useful and law abiding citizen

7 Rehabilitative – re-instate offenders through re-socialization back to society as a normal and productive member

8 Curative – medical, psychiatric or surgical treatment for the psychic, neurotic, deformed, mental and abnormal person

uraizy

Concept of victim compensation in Islam

1 Qisas – retaliation – tit for tat

2 Diyat – restitution

3 Compensation

4 Compromise

5 Reconciliation – sulh

6 Fasting

7 Fine

8 Repentance – tauba

9 Forgiveness - afw

uraizy

Prison objectivesCustody – confining clients to court’s satisfaction

Control – maintaining discipline within prisons

Care – meeting basic needs of inmates

Correction – providing physical, mental, psychologic treatment and counselling to rehabilitate and reform inmates

Conform – removing deficiencies to make inmates useful members of society and be a productive unit

Community adjustment

uraizy

Process of crime adjudication in Pakistan

offences

traced (40)untraced (60)

arrest made no arrest

challaned not challaned

not tried by courttried by court

summary trial committed trial

charged not charged

guilty not guilty

released/put on probation

convicted & sent to prison

uraizy

Polite Obedient

Loyal Intelligent Co-operative

Efficient

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 80 accident in doing a lawful act

“Nothing is an offence, which is done by accident or misfortune, and without any criminal knowledge or intention in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 82 “Nothing is an offence, which is done by a child under

seven years of age”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 83

“Nothing is an offence, which is done by a child above 7 years of age, and under 12, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his

conduct on that occasion”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 84

“Nothing is an offence, which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of that, or that he is doing what is either

wrong or contrary to law”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 85

“Nothing is an offence, which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act , or that he is doing what is either wrong or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or

against his will”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 87

“Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death, or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause to any person, above 18 years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 88

“Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be unknown by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied to suffer that harm, or to take the risk of that harm”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 89 “Nothing which is done in good faith for the benefit of an person under 12 years of age or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to be caused or be known by the doer to be likely to cause to that person”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 90

“Consent known to be given under fear or misconception: A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or … …

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 90 … … Consent of insane person: If the consent is given by a person who, from unsoundness of mind or intoxication is, unable to understand the nature and consequence of that to which he gives his consent; orConsent of child: Unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 91 Exclusion of acts which are offences independently of harm caused

“The exceptions in Sections 87, 88 and 89 do not extend to acts, which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 92 Act done in good faith for benefit of a person without consent

“Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit; provided … …

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 92 … … Firstly: That this exception shall not extend

to the intentional causing of death, or the attempting to cause death;

Secondly: That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing the death or grievous hurt, or the curing of any grievous disease or infirmity;

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 92 … … Thirdly: That this exception shall not extend

to the voluntary causing of hurt, or to the attempting to cause hurt,

for any purpose other than the preventing of death or hurt;

Fourthly: That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 93 Communication made in good faith

“No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person”.

Example: A surgeon in good faith, communicates to a patient his opinion that he cannot live.

The patient dies in consequence of the shock. The surgeon has committed no offence, though he knew it to be likely that the communication might cause the patient's death.

uraizy

PAKISTAN PENAL CODE

1860

Chapter IV

General Exceptions

Sec 95 “Nothing is an offence by reason that it causes, or that it is intended to cause, or it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter XI

Of false evidenceand offences

against public justice

Sec 193 Punishment for false evidence“Whoever intentionally gives false evidence in any stage 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; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter XI

Of false evidenceand offences

against public justice

Sec 197 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”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter XIV

Offences affecting the public health,

safety, convenience, decency and

morals

Sec 269 Negligent act likely to spread infection or disease dangerous to life.

“Whoever unlawfully or negligently does any act which is and which he knows or has reason to believe to be likely to spread the infection or any disease dangerous to life, shall be punished with imprisonment or either description for a term which may extend to six months, or with fine, or with both”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter XIV



morals

Sec 270 Malignant act likely to spread infections or disease

dangerous to life

“Whoever malignantly does any act which is, and which he knows or has reason to believe to be likely to spread the infection or any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter XIV



morals

Sec 272 Adulteration of food or drink intended for

sale.

“Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter XIV



morals

Sec 274 Adulteration of drugs

“Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold, used for, or knowing it be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter XIV



morals

Sec 275 Sale of adulterated drugs

“Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation or to render it noxious, sells the same, or offers or exposes it for sale, or issues it form any dispensary for medicinal purposes as unadulterated, or caused it to be used for medical purposes by any person no knowing of the adulteration, shall be punished with imprisonment of either description of a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter XIV


safety,convenience, decency and

morals

Sec 276 Sale of drug as a different drug or preparation

“Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter XIV



morals

Sec 277 Fouling water or public spring or reservoir

“Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.”

uraizy

PAKISTAN PENAL CODE

1860

Chapter XIV



morals

Sec 278 Making atmosphere noxious to health

“Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees”.

uraizy

PAKISTAN PENAL CODE

1860

Chapter XIV



morals

Sec 284 Negligent Conduct with Respect to Poisonous Substance

“Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both”.Comments - The fact that the person has the custody of any dangerous substance, suffices itself to impose upon him the duty of being careful; and he is criminally responsible if henegligently omits to take order with the substance as is sufficient to guard against any probable danger from such substance to human life, whether the substance be poison, or fire, or a combustible or explosive substance or machinery.

uraizy

PAKISTAN PENAL CODE

1860

Chapter XVI

Offences affecting the

Human Body, of offences affecting

Life

Sec 299 Definitions

(b) Arsh - compensation specified in this Chapter to be paid by the offender to the victim or

his heirs;

(c) Authorized medical officer means a medical officer or a Medical Board however designated, authorized by the Provincial Government;

uraizy

(e) Diyat - compensation specified in Sec 323 payable to the heirs of the

victim by the offender; (f) Government means the Provincial

Government;

Sec 299 Definitions …

(d) Daman - compensation determined by the Court to be paid by the

offender to the victim for causing hurt not liable to Arsh;

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

(g) Ikrah-e-tam – putting any person, his spouse or any of his blood relations within the prohibited degree of marriage in fear of instant death or instant

permanent impairing of any organ of the body or instant fear

of being subjected to sodomy zina-bil-jabr;

(k) Ta'azir - punishment other than Qisas, Diyat, Arsh or Daman.

Sec 299 Definitions …PAKISTAN

PENAL CODE 1860

Chapter XVI



Life

uraizy

“Whoever with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such person, is said to commit qatl-i-amd.”

Sec 300 Qatl-i-amd

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

“Whoever with intent to cause harm to the body or mind of any person, causes the death of that or of any other person by means of a weapon or an act which in the ordinary course of nature is not likely to cause death person, is said to commit qatl shibh-i-amd.”

Sec 316 Qatl shibh-i-amd

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

“Whoever without any intention to cause death of, or cause harm to, a person causes death of such person, either by mistake of act or by mistake of fact, is said to commit qatl-i-khata.”

Sec 318 Qatl-i-khata

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 320 Punishment for Qatl-i-khata by rash or negligent driving

is Diyat with imprisonment of either description for a term which may extend to ten years.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

“Whoever without any intention to cause death of, or cause harm to, any person, does any unlawful act which becomes a cause for the death of another person, is said to commit qatl bis sabab.”

Sec 321 Qatl bis sabab

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 323 Value of Diyat (1) The court shall, subject to injunctions

of Islam, as laid down in the Holy Quran and Sunnah and keeping in view the financial position of the convict and the heirs of the victim fix the value of Diyat which shall not be less than Rs 1,70,610 being the value of 30.630 Kg of silver.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

(2) The Federal Government shall, by notification in the official Gazette, declare the value of silver on the first day of July each year.

uraizy

Sec 325

Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 328 Exposure and abandon-ment of child under 12 years by parent or person having care of it

Whoever being the father or mother of a child under the age of 12 years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to 7 years, or with fine, or with both.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 329 Concealment of birth by secret disposal of dead body

“Whoever by secretly burying or otherwise disposes of the dead body of a child whether such child dies before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to 2 years, or with fine, or with both”.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 332 Hurt (1) Whoever causes pain, harm, disease, infirmity or injury to any person or impairs, disables or dismembers any organ of the body or part thereof of any person without causing his death,

is said to cause hurt.

(2) The following are the kinds of hurt:-(a) Itlaf-i-udw(b) Itlaf-i-salahiyyat-i-udw(c) Shajjah(d) Jurh; and(e) all kinds of other hurt.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 333 Itlaf-i-udw

Whoever dismembers, amputates, severs any limb or organ of the body of another person, is said to cause itlaf-i-udw.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 335 Itlaf-i-salahiyyat-i- udw

Whoever destroys or permanently impairs the functioning, power or capacity of an organ of the body of another person, or causes permanent disfigurement is said to cause itlaf-i-salahiyyat-i-udw.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 337 Shajjah

(1) Whoever causes, on the head or face

of any person, any hurt which does not amount to itlaf-i-udw or itlaf-i- salahiyyat-i-udw, is said to cause shajjah.

(2) … … …

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

(2) The following are the kinds of shajjah, namely:- (a) shajjah-i-khafifa – (without exposure of bone)

(b) shajjah-i-maudiha - (exposure without fracture)

(c) shajjah-i-hashimah - (fracture without dislocation)

(d) shajjah-i-munaqqilah - (fracture with dislocation)

(e) shajjah-i-ammah - (exposure of meninges)

(f) shajjah-i-damighah - (rupture of meninges).

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

Sec 337 Shajjah … …

uraizy

Sec 337-B Jurh

(1) Whoever causes on any part of the body

of a person, other than the head or face, a hurt, which leaves a mark of the wound, whether temporary or permanent, is said to cause Jurh.

(2) Jurh is of two kinds, namely:-(a) Jaifah i.e. where injury extends to

body cavities of the trunk; and(b) Ghair-Jaifah i.e. an injury which

does not amount to Jaifah.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 337-E

(2) The following are the kinds of Ghair- Jaifah:- (a) Damiyah - rupturing of skin with bleeding;

(b) Badiah - cutting or incising the flesh without exposing the bone;

(c) Mutalahimah - lacerating the flesh;

(d) Mudihah - exposure of the bone;

(e) Hashimah - fracturing of a bone without dislocation; and

(f) Munaqqilah - fracturing and dislocation of bone.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 337-J Causing hurt by means of a poison

Whoever administers to or causes to be taken by any person, any poison or any stupefying, intoxicating or unwhole-some drug or such other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt, may, in addition to the punishment of arsh or daman provided for the kind of hurt caused, be also punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to ten years.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 337-L Punishment for other hurt (1) Whoever causes hurt, not mentioned hereinbefore, which endangers life or which causes the sufferer to remain in severe bodily pain for twenty days or more or renders him unable to follow his ordinary pursuits for twenty

days or more, shall be liable to daman

and also be punished with imprisonment of either description for a term which may extend to seven years.

… … …

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

(2) Whoever causes hurt not covered by sub-section (1) shall be punished with

imprisonment of either description for

a term, which may extend to two years, or with daman or with both.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

Sec 337-L Punishment for other hurt … …

uraizy

Sec 337-P Execution of qisas for hurt

(1) Qisas shall be executed in public by an authorised medical officer who shall before such execution examine the offender and take due care so as to ensure that the execution of qisas does not cause the death of the offender or exceed the hurt caused by him to the victim.

… … …

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

(3) If the convict is a woman who is pregnant, the court may, in consultation

with the authorised medical officer, postpone the execution of qisas upto a period of two years after the birth of the child and during this period she may be released on bail on furnishing of security to the satisfaction of the court or if she is not so released, shall be dealt with as if sentenced to simple imprisonment.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

Sec 337-P Execution of qisas for hurt … …

uraizy

Value of Arsh for Itlaf-e-Udw Sec of PPC Itlaf of ...

Example

Value

337-Q Single organ nose, tongue Full Diyat

337-R Paired organs hands, feet, lips, breasts for 1 = half Diyatboth/only 1 present = Full Diyat

337-S Quadruplicate organs

eye lids 1 = 1/4 Diyat 2 = half Diyat3 = 3/4 Diyat 4 = Full Diyat

337-T -each finger or toe-each joint of finger/toe

one-tenth Diyatone-thirteenth Diyat

337-U - each permanent tooth

- 20 or more teeth- for temporary teeth

one-twentieth Diyat

Full Diyat

Daman 1 yr imprisonment

337-V Hair Uprooting all of head hair, beard, moustache, eye brow, lashes, or any other part of bodyone eye browone eye lash

Full Diyat

half Diyatone-quarter Diyat

Impairment of a part oftooth outside gums amounts to itlaf

uraizy

Sec 337-Y Value of Daman is determined keeping in view the (a) expenses incurred on treatment (b) loss or disability caused (c) compensation for anguish/suffering

In case of non-payment of daman, the individual is kept in prison till recovery

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 338 Isqat-i-Haml

“Whoever causes a woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman or providing necessary treatment to her, is said to cause isqat-i-haml.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

A woman who causes herself to miscarry is within the meaning of this section”.

uraizy

Sec 338-A Punishment for causing Isqat-i-haml

(a) 3 years rigorous imprisonment if

done with consent of the woman; (b) 10 years rigorous imprisonment if done without consent of the woman

along with the punishment for hurt or death caused to the woman.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 338-B Isqat-i-janin

“Whoever, causes a woman with child, some of whose organs or limbs have been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, is said to cause isqat-i-janin.

A woman who causes herself to miscarry is within the meaning of this section”.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 338-C Punishment for causing Isqat-i-janin

(a) one-twentieth of diyat if child is born dead;

(b) full diyat if child is born alive and then dies;

(c) 7 years imprisonment as ta'azir; if there are multiple children in uterus then separate diyat or ta'azir for each along with punishment for hurt/death caused to the woman.

PAKISTAN PENAL CODE

1860

Chapter XVI



Life

uraizy

Sec 349 Force

“A person is said to use force to another if he causes motion, change of motion or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling; provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, or change of motion, or cessation of motion in one of the three ways hereinafter described: ………

PAKISTAN PENAL CODE

1860

Chapter XVI-A

Of wrongful restraint and

wrongful confinement

uraizy

Sec 349 Force …..

First: By his own bodily power

Secondly: By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or

on the part of any other person

Thirdly: By inducing any animal to move, to change its motion, or cease to move.

PAKISTAN PENAL CODE

1860

Chapter XVI-A



uraizy

Sec 350 Criminal Force

“Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other”.

PAKISTAN PENAL CODE

1860

Chapter XVI-A



uraizy

Sec 351 Assault

“Whoever makes any gesture, or any preparation, intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. "Mere words do not amount, to an assault”.

PAKISTAN PENAL CODE

1860

Chapter XVI-A



uraizy

Sec 354-A Assault or use of

criminal force and stripping her of her clothes

“Whoever assaults or uses criminal force to any woman and strips her of her clothes and, in that condition, exposes her to the public view, shall be punished with death or with imprisonment for life, and shall also be liable to fine”.

PAKISTAN PENAL CODE

1860

Chapter XVI-A



uraizy

Sec 359 Kidnapping

“Kidnapping is of two kinds; kidnapping from Pakistan and kidnapping from lawful guardianship”.

PAKISTAN PENAL CODE

1860

Chapter XVI-A



uraizy

Sec 360 Kidnapping from Pakistan etc

“Whoever conveys any person beyond the limits of Pakistan without the consent of that person, or of some person legally authorized to consent on behalf of that person is said to kidnap that person from Pakistan”.

PAKISTAN PENAL CODE

1860

Chapter XVI-A



uraizy

Sec 361 Kidnapping from lawful guardianship

“Whoever takes or entices any minor under 14 years of age if a male, or under 16 years of age if a female, or any person of unsound mind out of the keeping of the lawful guardian of such minor or of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guadianship”.

PAKISTAN PENAL CODE

1860

Chapter XVI-A



uraizy

Sec 362 Abduction

“Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person”.

PAKISTAN PENAL CODE

1860

Chapter XVI-A



uraizy

Code of Criminal Procedure (Act V of 1898)

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 6 Classes of criminal Courts:

besides high courts and other law courts

4 types - 1. Courts of Sessions2. First class magistrates – DM/ADM3. Second class magistrates4. Third class magistrates

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 22 Justices of Peace

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 31 Powers of Courts

High Courts - any sentence authorized by law.

Sessions Judges – all sentences but death sentence to be confirmed by High Court.

Assistant Sessions Judges - upto 7 yrs RI/simple imprisonment

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 32 Powers of Magistrates:

Class of magistrate

Punishment Fine Remarks

First Upto 3 years

Upto Rs 15,000(arsh

and daman)

+whipping &

combined

Second Upto 1 year Upto Rs 5,000

Third Upto 1 month

Upto 1,000

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 34 Higher powers of Sec 30 magistrates

except death or imprisonment up to 7 years

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 44 Public to give information of certain offences

(1) Every person aware of commission of, or of the intention of any other person to commit any offence punishable under any of the following Sections of the Pakistan Penal Code, namely, 121, 121-A, 122, 123, 123-A, 124, 124-A, 125, 126 130, 143, 144, 145, 147, 148, 153-A, 161-165, 168, 170, 231, 232, 255, 302, 303, 304, 304-A, 364-A, 382, 392-399, 402, 435, 436, 449, 450, 456-460 and 489-A

shall in the absence of reasonable excuse, the burden of proving which shall lie on the person so aware, forthwith give information to the nearest magistrate or police officer of such commission or intention … … …

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 44 Public to give information of certain offences … …

(2) For the purposes of this section the term “offence” includes any act committed at any place out of Pakistan which would constitute an

offence if committed in Pakistan

uraizy

PAKISTAN PENAL CODE

1860

Laws listedUnder

CrPC 44

121 Waging/attempt to wage war against Pakistan

121-A Conspiracy to commit offences punishable by sec 121

122 Collecting arms, etc with intention of waging war against Pakistan

123 Concealing with intent to facilitate design to wage war

123-A Condemnation of creation of State

124 Assaulting president, Governor etc

uraizy

PAKISTAN PENAL CODE

1860

Laws listedUnder

CrPC 44

124-A Sedition

125 Waging war against any asiatic state in alliance with Pakistan

126 Committing depredation on territory of Pakistan

130 Aiding escape of, rescuing, harbouring prisoner of State

143 Punishment for unlawful assembly

144 Joining unlawful assembly armed with deadly weapons

uraizy

PAKISTAN PENAL CODE

1860

Laws listedUnder

CrPC 44

145 Joining/continuing in unlawful assembly knowing that it has been commanded to disperse

147 Punishment for rioting

148 Rioting with deadly weapons

153-A Promoting rioting between different groups

123-A Condemnation of creation of State

161 Public servant taking gratification

uraizy

PAKISTAN PENAL CODE

1860

Laws listedUnder

CrPC 44

162 Taking gratification to influence public servant

163 Taking gratification to exercise

influence with public servant

164 Punishment for offences u s 162 and 163

165 illegal gratification 168 Public servant unlawfully engaging

in trade

170 Impersonating a public servant

uraizy

PAKISTAN PENAL CODE

1860

Laws listedUnder

CrPC 44

231 Counterfeiting coins

232 Counterfeiting Pakistan coins

255 Counterfeiting Govt stamps

302 Punishment for qatl-e-amd

303 Qatl committed under ikrah-e-tam or ikrah-e-naqis

304 Proof of qatl-e-amd liable to qisas etc

uraizy

PAKISTAN PENAL CODE

1860

Laws listedUnder

CrPC 44

304-A Death caused by rash or negligent act

364-A Kidnapping/abducting a person under 10 years of age

382 Theft causing death, hurt or restraint

392 Punishment for robbery

393 Attempt to commit robbery

394 Causing hurt in committing robbery

uraizy

PAKISTAN PENAL CODE

1860

Laws listedUnder

CrPC 44

395 Punishment for dacoity

396 Dacoity with murder

397 Robbery/dacoity with attempt to cause death or hurt

398 Attempted robbery/dacoity armed with dangerous weapons

399 Preparing to commit dacoity

402 Assembly for purpose of commiting dacoity

uraizy

PAKISTAN PENAL CODE

1860

Laws listedUnder

CrPC 44

436 Mischief by fire/explosive with Intent to cause damage

437 Mischief by fire/explosive with intent to destroy house etc

449 House trespass in order to commit offence punishable with death

450 House trespass in order to commit offence punishable with

imprisonment for life

456 Punishment for lurking house trespass/house breaking

uraizy

PAKISTAN PENAL CODE

1860

Laws listedUnder

CrPC 44

457 Lurking house trespass/house

breaking by night in order to commit

458 Lurking house trespass/breaking

by night after preparation for hurt, assault or wrongful restraint

459 Hurt caused while committing

lurking house trespass/house breaking

uraizy

PAKISTAN PENAL CODE

1860

Laws listedUnder

CrPC 44

460 Persons jointly concerned in

lurking house trespass/house breaking by night punishable for qatl/hurt caused by one of them

489-A Counterfeiting currency/bank notes

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 61

Person arrested not to be detained for more than 24 hours.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 68 Forms of Summons:

(1) in writing, duplicate, signed and

sealed.(2) served by police officer, any other person authorized by Provincial Government, public servant, complainant or accused as allowed by the Court.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 69 Summons, how served?

Sec 90 Issue of warrant in lieu of or in addition to summons.

Sec 94 Summons to produce documents or other thing.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 144 Powers to issue orders absolute at once in urgent cases of nuisance or apprehended danger

(6) enforced for not more than 2

months unless notified in Gazette by the Provincial Government.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 174 Police to enquire in suicide etc. –

(1) investigate and draw up report with

(2) signatures of 2 or more witnesses,

and

(3) send the dead body for post-mortem examination to civil surgeon

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 176

(1) inquiry by magistrate into cause of death with ref to Sec 174

(2) magistrate empowered to disinter bodies for the above-mentioned purpose.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 199 Prosecution for adultery or enticing a married woman.-

only on written report to police officer by husband or person taking care of the woman.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 393 Whipping

not executed by installments.

No whipping to : - (a) females. (b) males sentenced to death, life imprisonment or imprisonment for more than 5 years. (c) males more than 45 years of

age.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 464 Procedure in case of accused being lunatic

(1) magistrate to get accused examined by civil surgeon/ medical officer designated by

Provincial Government and examine such MO as witness.

(2) if accused is found lunatic, magistrate shall postpone further proceedings.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 466 Release of lunatic pending investigation or trial -

(1) on security of bail till required.

(2) If magistrate/court does not deem the accused fit for bail, detain himin safe custody according to

Mental Health Ord of 2001.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 468 Resumption trial of lunatic

when declared fit in accordance with Sec 473 CrPC.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 470 Judgment of acquittal on grounds of lunacy

under Sec 84 PPC, to record that he did commit the offence.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 471 Person acquitted on grounds of lunacy

be detained in safe ustody/lunatic Asylum according to Mental

Health Ord of 2001.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 473 Lunatic to be examined

by at least 2 visitors of the asylum as to the fitness of the person so as to make his defence.

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 503 Court can dispense with attendance of witnesses

when deemed fit (e.g. due to unreasonable delay, expense or inconvenience etc).

uraizy

CODEOF

CRIMINALPROCEDURE

ACT V OF

1898

Sec 510 Report of Chemical Examiner, serologist, fingerprint expert etc….

Any document purporting to be under the hand of any chemical Examiner, or assistant chemical examiner to the government, or any serologist, fingerprint expert or firearm expert appointed by government, or by the Chief Chemist of the Pakistan Security Printing Corporation Ltd upon any matter or thing duly submitted to him for examination or analysis and report in the course of proceedings under the Code, may, without calling him as a witness, be used as evidence in any inquiry, trial or other proceedings under this Code.

Provided that the court may, if it considers necessary in the interest of justice, summon and examine the person by whom such report has been made.

uraizy

Mental Health Ordinance, 2001

(Ord VIII of 2001)

dated 20 Feb 2001

uraizy

Mental Health Ord 2001

Sec 3 – Federal Mental Health Authority

A chairperson and Members –

Secretary, MoH, GOP

Director General, MoH, GOP

Provincial Health Secretaries

Advisor in psychiatry, Med Dte, GHQ

Seven eminent psychiatrists of at least 10 yrs good standing

uraizy


Sec 4 – Provinical Boards of Visitors

A chairperson – a judge of HC

and Members –

2 psychiatrists – 1 with min 10 yr experience

1 prominent citizen of good standing

2 MPs of repute with min 12 yrs standing (1 nominated by PM & DC

DG Health of Province/his nominee

uraizy


Chapter III – Assessment and treatment

Sec 8 – Care & treatment on an informal or voluntary basis

Sec 9 – Durations of period for detention :-

(a) for assessment under Sec 10 – 28 days

(b) for treatment under Sec 11 – 6 months and renewable

(c) for urgent admission under Sec 12 – 72 hrs

(d) for emergency holding under Sec 13 – 24 hrs

uraizy


Chapter III – Assessment and treatment

Sec 19 – Mentally disordered persons found in public places – SHO to remove such person to a place of safety (a govt hosp, psychiatric facility, suitable relative) for 72 hrs to enable him to be examined by a psychiatrist

uraizy


Chapter IV – Leave and discharge

Sec 21 – Discharge of a patient

(1) Psychiatrist in charge can discharge a patient in writing at any time during treatment

(3) Psychiatrist in charge may discharge a patient upon application if he deems it fit

Sec 22 – Discharge by orders of a magistrate – upon application of a patient after inquiry provided the patient is not a mentally disordered prisoner

uraizy


Chapter IV – Leave and discharge

Sec 23 – Discharge of a detained person found not to be mentally disordered after assessment

will be discharged forthwith by an approved psychiatrist of the facility notifying the auth/relatives

Sec 24 – duty of the hospital to inform relatives of the discharge – preferrably 7 days before

discharge

Sec 25 – Application to magistrate for discharge by relatives if admitted u s 10 or 11

uraizy


Chapter VII – Protection of human rights of mentally disordered persons

Sec 49 – Cases of attempted suicide to be assessed by psychiatrist for any mental health problem

Sec 50 - Confidentiality – no disclosure to public through press/media unless permitted by the patient

Sec 51 – Informed consent – in writing to be obtained from patient/guardian on prescribed form

before starting investigation/treatment. This consent can be withdrawn in writing by the person concerned at any time

uraizy


Chapter X – Forensic psychiatric services

Sec 55 – Forensic psychiatric services

(1) Special security forensic psychiatric facilities to be developed by Govt to house mentally disordered

prisoners/offenders as may be prescribed

(2) Admission, transfer or removal of criminal patients will

be under administrative control of the IG Prisons

(3) The Board of Vistors shall have access to such persons

uraizy


Chapter XI – Miscellaneous

Sec 61 – Repeal and saving

(1) the Lunacy Act, 1912 (IV of 1912) is hereby repealed

uraizy

Medical & Dental Council (Amendment) Act 2012

Reconstituted from PM&DC Ord 1962

uraizy

PakistanMedical& Dental

Council Act

2012

Sec 3.Constitution and Composition of the Council (PM & DC)Elected members: 1 from each public sector university (c) 1 from each private sector university (d) 1 each from RMPs of provinces (e) 1 each from RDPs of provinces (g) 1 Professor from public sector medical colleges from each province (h) 1 Professor from private sector medical colleges from each province (i) 1 Professor from public sector dental colleges from each province (j) 1 Professor from private sector dental colleges from each province (k) 1 from College of Physicians & Surgeons Pak (l)

uraizy


Council Act

2012

Sec 3. Constitution and Composition of the Council (PM & DC)

Nominated members:

1 each from each National Assembly & Senate (a) 5 Provincial Health Secretaries (b) 4 by Federal Govt (incl Surg Gen Pak Army) (f) 1 Legal member by Chief Justice of Pakistan (m) 1 Sr most officer looking after health matters at Fed level designated by Fed Govt (n) 1 immediate ex-president of PMDC

The Council shall elect its President

uraizy


Council Act

2012

Sec 5. Qualifications of members

Members mentioned at a, c and e must be doctors; those at a, c and d must be residents; and those at b and e must have at least 4 years’ teaching experience No member can serve in more than one capacity A member can hold office for a maximum of four years.

uraizy


Council Act

2012

Sec 9

The Council shall elect a Vice President, an Executive Committee and any other committees for any general or special purpose.

uraizy


Council Act

2012

Sec 10 Constitution of The Executive Committee

The Executive Committee shall have 9 members incl 1 member from post-grad institutions and 1 from dental faculty; 7 of which will be elected by the Council and the President and Vice President will be ex-officio members.

The President can co-opt 2 additional members.

uraizy


Council Act

2012

Sec 11 First Schedule contains Recognized Medical insitutions/qualifications awarded in Pakistan

Sec 11A Sixth Schedule contains recognized hosp/institutions for house job/trg

Sec 16 Third Schedule contains recognized additional medical qualifications which consist of post-graduate medical qualifications obtained from

within or outside Pakistan

uraizy


Council Act

2012

Sec 16B Seventh Schedule contains list of organizations providing continuous professional development to RMPs/RDPs

Sec 16C Eighth Schedule contains Specialist Boards

Sec 18 Fifth Schedule contains dental qualifications granted within or outside Pakistan

uraizy


Council Act

2012

Sec 20

The Council has the power to acquire information regarding courses of studies and examinations from any medical or dental institution in Pakistan at any time

uraizy


Council Act

2012

Sec 21

The Executive Committee shall appoint any inspectors of examination to any medical or dental examination

Their reports/recommendations shall be forwarded to Central Government

uraizy


Council Act

2012

Sec 22

The Executive Committee can recommend withdrawal of recognition of a medical or dental institution to the Central Government if it deems fit

uraizy


Council Act

2012

Sec 22AEstablishment/running of medical/dental institutions without recognition

Sec 22APenalty – 1-5 yr RI Rs 5-10 million fine

uraizy


Council Act

2012

Sec 23

Maintenance of Register of medical practitioners

uraizy


Council Act

2012

Sec 26

Maintenance of Register of dental practitioners

uraizy


Council Act

2012

Sec 28Penalty for fraudulent representation or registration

6 months imprisonmentRs 100,000 fine

uraizy


Council Act

2012

Sec 28A

Penalty for practising without registration

6 months-2 yrs imprisonmentRs 100,000-200,000 fine

uraizy


Council Act

2012

Sec 29 Privileges of an RMP

• Licensed to practice• Hold medical/admin appointments• Acquire a job in Govt/Army• Medical certificates signed by RMP/RDs are legally valid• Can claim medical charges through

court for services rendered to any person

• Can vote in PMDC elections

uraizy


Council Act

2012

Sec 30 Responsibilities of RMP/RD

(1) notify any change in address/place of practice within 60 days in writing (2) not use any name, title, description or symbol so as to lead a person to

believe that he possesses extra qualifications which are not conferred / granted to him

(3) comply with PMDC code of ethics

uraizy


Council Act

2012

Sec 31 Removal of name from Register

a. if convicted of any offence as implies a defect of character by the Councilb. if found guilty of infamous conduct in

any professional respect after inquiryc. If found guilty of professional

negligenced. if shown unfit to continue in medical practice on account of mental ill health or other grounds

The Council can also restore names to Register if deemed fit

uraizy


Council Act

2012

Jurisdiction

PM & DC is empowered to

a. look after public interest – by maintaining proper medical / dental standards

b. Look after medical and dental education in the country

c. maintain a register of qualified doctors qualifying from duly recognized

institutionsd. Take disciplinary action required for criminal convictions or serious professional misconduct

uraizy


Council Act

2012

Serious Professional Misconduct

anything done in pursuit of profession by a medical man which will be reasonably regarded as disgraceful or dishonourable by professional colleagues of good repute and competency

uraizy


Council Act

2012

Serious Professional Misconduct

1 criminal conviction involving moral turpitude

2 adultery with patients 3 criminal abortion 4 use of alcohol 5 association with unqualified persons 6 advertising 7 dispensing controlled drugs

uraizy


Council Act

2012

Guidelines by PM & DC

1 certificates2 illegal gratification3 abuse of professional knowledge, privileges

or skill4 abuse of doctor-patient relationship5 disregard of personal responsibility towards

patient6 offences discreditable to doctors7 abuse of financial opportunities8 convassing and advertising9 announcements on radio/TV10 change of address/conditions of practice11 nameplates on premises12 professional courtesy

uraizy

Hippocratic Oath The classical version

460-377 BC

uraizy

I swear by Apollo Physician and Asclepius and Hygieia and Panaceia and all the gods and goddesses, making them my witnesses, that I will fulfil according to my ability and judgment this oath and this covenant:

Hippocratic Oath – 400 BC

uraizy

To hold him who has taught me this art as equal to my parents and to live my life in partnership with him, and if he is in need of money to give him a share of mine, and to regard his offspring as equal to my brothers in male lineage and to teach them this art - if they desire to learn it - without fee and covenant; to give a share of precepts and oral instruction and all the other learning to my sons and to the sons of him who has instructed me and to pupils who have signed the covenant and have taken an oath according to the medical law, but no one else.

Hippocratic Oath …

uraizy


I will apply dietetic measures for the benefit of the sick according to my ability and judgment; I will keep them from harm and injustice.

I will neither give a deadly drug to anybody who asked for it, nor will I make a suggestion to this effect. Similarly I will not give to a woman an abortive remedy. In purity and holiness I will guard my life and my art.

uraizy


I will not use the knife, not even on sufferers from stone, but will withdraw in favor of such men as are engaged in this work.

Whatever houses I may visit, I will come for the benefit of the sick, remaining free of all intentional injustice, of all mischief and in particular of sexual relations with both female and male persons, be they free or slaves.

uraizy


What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account one must spread abroad, I will keep to myself, holding such things shameful to be spoken about.

uraizy


If I fulfil this oath and do not violate it, may it be granted to me to enjoy life and art, being honored with fame among all men for all time to come; if I transgress it and swear falsely, may the opposite of all this be my lot.

Translation from the Greek by Ludwig Edelstein

uraizy

Hippocratic Oath

Modern Version

uraizy

Hippocratic Oath – Modern Version

I swear to fulfill, to the best of my ability and judgment, this covenant:

I will respect the hard-won scientific gains of those physicians in whose steps I walk, and gladly share such knowledge as is mine with those who are to follow.

written by Louis Lasagna in 1964.

uraizy

Hippocratic Oath – Modern Version …

I will not be ashamed to say "I know not," nor will I fail to call in my colleagues when the skills of another are needed for a patient's recovery.


uraizy


I will respect the privacy of my patients, for their problems are not disclosed to me that the world may know. Most especially must I tread with care in matters of life and death. If it is given me to save a life, all thanks. But it may also be within my power to take a life; this awesome responsibility must be faced with great humbleness and awareness of my own frailty. Above all, I must not play at God.


uraizy


I will remember that I do not treat a fever chart, a cancerous growth, but a sick human being, whose illness may affect the person's family and economic stability. My responsibility includes these related problems, if I am to care adequately for the sick.


uraizy


I will prevent disease whenever I can, for prevention is preferable to cure.

I will remember that I remain a member of society, with special obligations to all my fellow human beings, those sound of mind and body as well as the infirm.


uraizy


If I do not violate this oath, may I enjoy life and art, respected while I live and remembered with affection thereafter. May I always act so as to preserve the finest traditions of my calling and may I long experience the joy of healing those who seek my help.


uraizy

Declaration of Geneva 1948(Amended 1983 by WMA)

Now Being admitted to the profession of Medicine, I solemnly pledge to consecrate my life to the service of humanity;

I will give my teachers the respect and gratitude which is their due;

I will practice my profession with conscience and dignity;

The health of my patient will be my first consideration;

uraizy

Declaration of Geneva 1948 (Amended 1983 by WMA) ….

I will respect the secrets which are confided in me, even after the patient has died;

I will maintain by all the means in my power, the honor and the noble traditions of the medical profession;

My colleagues will be my brothers;

uraizy


I will not permit considerations of religion, nationality, race, party politics or social standing to intervene between my duty and my patient;

I will maintain the utmost respect for human life from the time of conception;

Even under threat I will not use my medical knowledge contrary to the laws of humanity.

uraizy


I will not permit considerations of religion, nationality, race, party politics or social standing to intervene between my duty and my patient;

I will maintain the utmost respect for human life from the time of conception;

Even under threat I will not use my medical knowledge contrary to the laws of humanity.

I make these promises solemnly, freely and upon my honor.

Documents

Laws of Interest to Medical Profession