Community › Forums › Legal Advice India › Is doctor-patient confidentiality a law in India?
- This topic has 8 replies, 8 voices, and was last updated 1 year, 3 months ago by
User_087e1fb5.
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UUser_c011fb7f
PARTICIPANT
February 26, 2025 at 9:21 amI was just curious and found out that it is a rule given by the Indian Medical Council under “ethics”. What I want to ask is if the doctor for e.g a psychiatrist is allowed to share if a person has confessed to a crime in a session. Also if this an enforceable law, does it apply to the medical students and interns in the hospital? Who are tasked to take “history” of the patient? Are they bound by the law even if they aren’t licensed yet? Does the supervising physician take the blame then? -
SSananinja179
PARTICIPANT
February 26, 2025 at 10:26 amI donโt think any rules or laws apply in India -
CCalmsapna3095
PARTICIPANT
February 26, 2025 at 11:39 amNope I highly doubt it -
HHappyshark11
PARTICIPANT
February 26, 2025 at 12:19 pmNo, patient-client confidentiality only applies to medical issues and does not extend to crimes committed by the patient. If a doctor discovers that a patient has committed a crime, they may choose to report it to the police. However, some doctors may consider this unethical and refrain from reporting the crime. Additionally, such a statement would not conclusively prove the guilt of the patient and is unlikely to be used by the police if given by a psychiatrist (as it could potentially be turned around and used as evidence of insanity). The police will need to use other evidence against the individual, but this information can be valuable as it helps them identify the perpetrator and focus their investigation.It is also important to note that even making a confession yourself (even if it is valid and accepted by court) does not constitute conclusive proof of guilt and needs to be corroborated with other evidence.
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UUser_087e1fb5
PARTICIPANT
February 26, 2025 at 12:22 pmOnly right answer here -
UUser_c011fb7f
OP
February 26, 2025 at 2:43 pmI see, thanks for the reply.
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EEpicstar8957
PARTICIPANT
February 26, 2025 at 12:41 pmEthics >> Law. We can have rubbish and immoral laws. At the same time, if a physician chooses to protect the patient, they better come with a solid, evidence based defence based on why they were protecting the patient. -
UUser_2b25ad11
PARTICIPANT
February 26, 2025 at 5:00 pmIf the information is important to society not just crime / any kind communicable disease/ the patient is suicidal then the privileged communication isn’t applicableย -
DDesiishan4316
PARTICIPANT
February 26, 2025 at 9:45 pmPrivacy is an alien term in india
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