MEDICAL JURISPRUDENCE

Introduction

Medical Jurisprudence is the science, which teaches us how to

discover and apply medical and cognate scientific facts for the

ends of law and justice in unraveling crime and protecting

individuals, society and the State.

Medical Jurisprudence embraces all questions which affect the

civil or social rights of individuals, as well as cases of injuries to

persons, and brings the medical practitioner in contact with the

law.

Alfred Swaine Taylor’s Principles and Practice of Medical

Jurisprudence explains the scope of Medical Jurisprudence in the

following way:

Medical Jurisprudence, or, as it is sometimes called, Forensic,

Legal, or State Medicine may be defined to be that science which

teaches the application of every branch of knowledge to the

purposes of the law; hence its limits are, on the one hand, the

requirements of the law, and on the other, the whole range of

medicine. Anatomy, physiology, medicine, surgery, chemistry,

physics and botany lend their aid as necessity arises; and in some

cases all these branches of science are required to enable a Court

of Law to arrive at a proper conclusion on a contested question

affecting life or property.

The introduction of medical jurisprudence has immensely benefited

both the medical as well as the legal field of work. A better

understanding and cooperation has resulted and has facilitated a

smoother working of both disciplines.

Previously unsolvable cases linked with medicine are now solved

with ease with the development of the field of medical

jurisprudence. It covers in its ambit the provision of evidence for a

wide range and scope of cases. It can be used to determine the

paternity of a child and also be employed in determining the

identity of human bodies, which have been mutilated beyond

recognition in accidents like bomb blasts, factory explosions etc.

In the field of Evidence Laws, it can be appropriated to solve cases

involving murder, rape etc. Medical jurisprudence techniques like

autopsy can also be employed to discover important facts vital to

the case after the person has died. However, despite their vast

benefits to the field of law, medical jurisprudential techniques are

not treated as primary evidence till date. The present Indian

Evidence Act continues to treat technical findings, such as the

results of DNA tests, as expert evidence. This situation will

continue till a legislation is drafted and enacted by the Parliament.

Application of Medical Jurisprudence

Forensic Medicine includes the use of medicine in the science of

law and any discipline that can aid in collection, preservation and

analysis of evidence to meet the ends of justice.

Forensic medicine, or medical jurisprudence, embraces all those

questions which bring the medical man into contact with the law,

and embraces (1) questions affecting the civil rights of individuals,

and (2) injuries to the person.

In the case of Kusa v. State of Orissa1, it was held by the Supreme

Court that whenever it is intended to place reliance on a particular

view taken by authors of medical jurisprudence, the said view must

be put to the doctor to assess how far the view taken by the

experts apply to the facts of the particular case.

It is the duty of a medical practitioner to frequently give evidence

as an expert medical witness in a court of law to prove the

innocence or guilt of an accused, or to authenticate or disprove a 1 AIR 1980 SC 559

criminal charge of assault, rape or murder brought against an

individual. The medical practitioner is thus presumed to be well

acquainted with the government orders, statutes and Acts affecting

the privileges and obligations in medical practice. In the case of

Mayur v. State of Gujarat2, the Apex Court observed that ‘our

Courts have always taken the doctors as witness of truth’.

In modern times, the legal system has to deal with new evidence

obtained by use of different scientific techniques. As science has

outpaced the development of law, there is unavoidable complexity

regarding what can be admitted as evidence in court.

Medical forensic evidence plays a crucial role in helping court in

arriving at logical conclusions. ‘Justice Malimath Committee’

recommended comprehensive use of forensic science in criminal

investigation. According to the report, a DNA expert should be

included in the list of experts under Section 293(4) of Criminal

Procedure Code, 1973.

Ethical Implications

From the dawn of civilization, every system of medicine has

brought out a set of regulations to maintain the professional

2 AIR 1983 SC 66.

conduct and etiquette among its members. The earliest known

such code is the Hippocratic Oath. Medical Council of India

brought out the new code of Medical Ethics in 2002.

The Code of Medical Ethics states that the principal objective of

the medical profession is to render service to humanity with full

respect for human dignity. Doctors should extend the same high

standard of medical care and support to all patients. It is unethical

for a medical practitioner to refuse treatment or investigation for

which there are appropriate facilities on the ground that the patient

suffers, or may suffer, from a condition, which would expose the

doctor to personal risk. It is equally unethical for a doctor to

withhold treatment from any patient based on a moral judgment

that the patient’s activities or lifestyle might have been contributed

to the condition for which treatment was being sought. Unethical

behaviour of this kind may raise a question of serious professional

misconduct.

Legal Implication

In India, a number of legislations permit self-regulation in

maintaining the professional standards in the training, recognition

of academic qualifications, licensing of new entrants to the

profession and in enforcing disciplinary control over the practicing

medical practitioners. The Indian Medical Degrees Act, 1916, The

Indian Medical Council Act, 1956, The Dentists Act, 1948, The

Indian Medicine Central Council Act, 1973 and the Pharmacy Act,

1948 are some of the legislations which regulate the legal

framework related to law and medicine.

Medical Negligence

Everybody is subject to the law, the rule of law. Normally, a

medical man is not responsible to god or man for such evil

consequences of his prescriptions or surgical operations as they

are entirely beyond his will and therefore independent of his

control. If, on the other hand, his mistakes arise from his ignorance

or want of skill, he is blameable in as far as he is the willful cause

of such ignorance; he should have either known better or, not,

knowing better, he should not have undertaken the case for which

he knew he was not qualified.

In 1995, the Supreme Court in Indian Medical Association v. VP

Shantha3 decisively included the health profession under the

Consumer Protection Act, 1986. After Indian Medical Association,

Consumer Protection Act includes all medical services offered by 3 1995 6 SCC 651

the private and government doctors and hospitals. It exempts only

those hospitals and the medical practitioners of such hospitals,

which offer free service to all patients at all times.