Laws of Interest
This presentation is the property of its rightful owner.
Sponsored Links
1 / 178

Laws of Interest to Medical Profession PowerPoint PPT Presentation


  • 40 Views
  • Uploaded on
  • Presentation posted in: General

Laws of Interest to Medical Profession. Legal Procedure. Offence committed. FIR recorded. Reported to police. culpable. non-culpable. Offender available. Offender not available. arrested. Investigated by police. Charged before the Court - arraignment. Pleads guilty.

Download Presentation

Laws of Interest to Medical Profession

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Laws of interest to medical profession

Laws of Interest

to

Medical Profession


Laws of interest to medical profession

Legal Procedure


Laws of interest to medical profession

Offence committed

FIR recorded

Reported to police

culpable

non-culpable

Offender available

Offender not available

arrested

Investigated by police

Charged before the Court - arraignment

Pleads guilty

Pleads not guilty

punished

Court proceedings – adversarial system

Verdict by the Court

Guilty

Not guilty

acquitted

punished


Laws of interest to medical profession

Set up of a criminal court

Clerk of the court

accused

witness

Defence attorney

Prosecution attorney


Laws of interest to medical profession

stages of witness examination

1 Examination-in-chief

2 Cross examination

  • Re-examination

Questions by the court


Laws of interest to medical profession

Examination-in- chief

Clerk of the court

accused

witness

Defence attorney

Prosecution attorney


Laws of interest to medical profession

Cross examination

Clerk of the court

accused

witness

Defence attorney

Prosecution attorney


Laws of interest to medical profession

Re-examination

Clerk of the court

accused

witness

Defence attorney

Prosecution attorney


Laws of interest to medical profession

Questions by the Court

Clerk of the court

?

accused

witness

1 Examination-in-chief

?

2 Cross examination

?

  • Re-examination

?


Laws of interest to medical profession

Types of witnesses

  • Common witness

  • Expert witness

  • Hostile witness


Laws of interest to medical profession

Types of evidence

  • Direct evidence

  • Documentary evidence

  • Physical evidence

  • Circumstantial evidence


Laws of interest to medical profession

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


Laws of interest to medical profession

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


Laws of interest to medical profession

Definitions of Law

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

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


Laws of interest to medical profession

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


Laws of interest to medical profession

Law

is a code of social and moral behaviour, enacted by the parliament and codified into sections for ease of reference


Laws of interest to medical profession

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


Laws of interest to medical profession

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

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

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


Laws of interest to medical profession

Legal presumptions

  • Every man is innocent until proved otherwise

  • Every man is sane and responsible for his acts

  • Burden of proof rests with the prosecution

  • Facts must be proved with preponderance of evidence

  • Burden of proof shifts to defence when facts have been proved beyond reasonable doubt


Laws of interest to medical profession

Law

Criminal Civil

  • For maintaining peace and order in the society

  • Deals with offences

  • State vs defendant

  • Punishments are awarded

  • Examples: murder, rape, abortion, drinking, treason

  • For redressing grievances

  • between individuals/parties

  • 2Deals with complaints

  • 3Complainant vs defendant

  • 4Compensations are granted

  • Examples: rents, insurance claims,recoveries, torts etc


Laws of interest to medical profession

Pakistan Penal Code

1860


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter II

General Explanations

Sec 40 Offence

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


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter II

General Explanations

Sec 44 Injury

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

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


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter II

General Explanations

Sec 51 Oath

"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."


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter II

General Explanations

Sec 52 Good faith

"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.


Laws of interest to medical profession

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;

SecondlyTa'azir;

ThirdlyDiyat;

FourthlyArsh;

FifthlyDaman;

SixthlyDeath;

SeventhlyImprisonment for life

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

NinthlyForfeiture of property; TenthlyFine”.


Laws of interest to medical profession

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


Laws of interest to medical profession

Concept of victim compensation in Islam

  • Qisas – retaliation – tit for tat

  • Diyat – restitution

  • Compensation

  • Compromise

  • Reconciliation – sulh

  • Fasting

  • Fine

  • Repentance – tauba

  • Forgiveness - afw


Laws of interest to medical profession

Prison objectives

Custody – 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


Laws of interest to medical profession

Process of crime adjudication in Pakistan

offences

untraced (60)

traced (40)

arrest made

no arrest

challaned

not challaned

tried by court

not tried by court

summary trial

committed trial

charged

not charged

guilty

not guilty

released/put on probation

convicted & sent to prison


Laws of interest to medical profession

Polite

Obedient

Loyal

Intelligent

Co-operative

Efficient


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter IV

General Exceptions

Sec 80accident 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”.


Laws of interest to medical profession

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”.


Laws of interest to medical profession

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”.


Laws of interest to medical profession

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”.


Laws of interest to medical profession

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”.


Laws of interest to medical profession

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”.


Laws of interest to medical profession

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”.


Laws of interest to medical profession

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”.


Laws of interest to medical profession

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 … …


Laws of interest to medical profession

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; or

Consent of child: Unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age”.

PAKISTAN PENAL CODE 1860

Chapter IV

General Exceptions


Laws of interest to medical profession

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”.


Laws of interest to medical profession

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 goodfaith, 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 … …


Laws of interest to medical profession

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;


Laws of interest to medical profession

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”.


Laws of interest to medical profession

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.


Laws of interest to medical profession

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”.


Laws of interest to medical profession

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”.


Laws of interest to medical profession

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”.


Laws of interest to medical profession

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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XIV

Offences affecting the public health, safety, convenience, decency and 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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XIV

Offences affecting the public health, safety, convenience, decency and 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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XIV

Offences affecting the public health, safety, convenience, decency and 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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XIV

Offences affecting the public health, safety, convenience, decency and 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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XIV

Offences affecting the public health, 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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XIV

Offences affecting the public health, safety, convenience, decency and 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.”


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XIV

Offences affecting the public health, safety, convenience, decency and 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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XIV

Offences affecting the public health, safety, convenience, decency and 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 he

negligently 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.


Laws of interest to medical profession

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;


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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;

(e) Diyat - compensation specified in Sec 323 payable to the heirs of the victim by the offender;

(f) Government means the Provincial Government;


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

Sec 299 Definitions …

(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.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

Sec 300 Qatl-i-amd

“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.”


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

Sec 316 Qatl shibh-i-amd

“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.”


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

Sec 318 Qatl-i-khata

“Whoever without anyintention 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.”


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

Sec 321 Qatl bis sabab

“Whoever without anyintention 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.”


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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.

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


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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”.


Laws of interest to medical profession

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

Offences affecting the Human Body, of offences affecting Life


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

Sec 337 Shajjah

(1) Whoever causes, on the head or face of any person, any hurt which does not amount toitlaf-i-udw or itlaf-i- salahiyyat-i-udw, is said to cause shajjah.

(2) … … …


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

Sec 337 Shajjah … …

(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).


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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.


Laws of interest to medical profession

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

Offences affecting the Human Body, of offences affecting Life


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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 imprison- ment of either description for a term which may extend to seven years.

… … …


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

Sec 337-L Punishment for other hurt … …

(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.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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.

… … …


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

Sec 337-P Execution of qisas for hurt … …

(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.


Laws of interest to medical profession

Value of Arsh for Itlaf-e-Udw

Sec of PPC Itlaf of ... Example Value

Impairment of a part of

tooth outside gums amounts to itlaf


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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.

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


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI

Offences affecting the Human Body, of offences affecting Life

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.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI-A

Of wrongful restraint and wrongful confinement

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: ………


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI-A

Of wrongful restraint and wrongful confinement

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.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI-A

Of wrongful restraint and wrongful confinement

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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI-A

Of wrongful restraint and wrongful confinement

Sec 351Assault

“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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI-A

Of wrongful restraint and wrongful confinement

Sec 354-A Assault or use of criminal forceand 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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI-A

Of wrongful restraint and wrongful confinement

Sec 359 Kidnapping

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


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI-A

Of wrongful restraint and wrongful confinement

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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI-A

Of wrongful restraint and wrongful confinement

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”.


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Chapter XVI-A

Of wrongful restraint and wrongful confinement

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”.


Laws of interest to medical profession

Code of Criminal Procedure

(Act V of 1898)


Laws of interest to medical profession

CODE

OF

CRIMINAL

PROCEDURE

ACT V

OF

1898

CODE

OF

CRIMINAL

PROCEDURE

ACT V

OF

1898

Sec 6 Classes of criminal

Courts:

besides high courts and other law courts

4 types -1. Courts of Sessions

2. First class magistrates – DM/ADM

3. Second class magistrates

4. Third class magistrates


Laws of interest to medical profession

CODE

OF

CRIMINAL

PROCEDURE

ACT V

OF

1898

Sec 22Justices of Peace


Laws of interest to medical profession

CODE

OF

CRIMINAL

PROCEDURE

ACT V

OF

1898

Sec 31Powers 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


Laws of interest to medical profession

CODE

OF

CRIMINAL

PROCEDURE

ACT V

OF

1898

Sec 32 Powers of Magistrates:


Laws of interest to medical profession

CODE

OF

CRIMINAL

PROCEDURE

ACT V

OF

1898

Sec 34Higher powers of Sec 30 magistrates

except death or imprisonment up to 7 years


Laws of interest to medical profession

Sec 44Public to give information of certain offences

CODE

OF

CRIMINAL

PROCEDURE

ACT V

OF

1898

(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 … … …


Laws of interest to medical profession

CODE

OF

CRIMINAL

PROCEDURE

ACT V

OF

1898

Sec 44Public 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


Laws of interest to medical profession

PAKISTAN PENAL CODE 1860

Laws listed

Under

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


  • Laws of interest to medical profession

    PAKISTAN PENAL CODE 1860

    Laws listed

    Under

    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


  • Laws of interest to medical profession

    PAKISTAN PENAL CODE 1860

    Laws listed

    Under

    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


  • Laws of interest to medical profession

    PAKISTAN PENAL CODE 1860

    Laws listed

    Under

    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


  • Laws of interest to medical profession

    PAKISTAN PENAL CODE 1860

    Laws listed

    Under

    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


  • Laws of interest to medical profession

    PAKISTAN PENAL CODE 1860

    Laws listed

    Under

    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


  • Laws of interest to medical profession

    PAKISTAN PENAL CODE 1860

    Laws listed

    Under

    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


  • Laws of interest to medical profession

    PAKISTAN PENAL CODE 1860

    Laws listed

    Under

    CrPC 44

    • 436 Mischief by fire/explosive with Intent to cause damage

  • 437 Mischief by fire/explosive with intent todestroy house etc

  • 449 House trespass in order to commit offence punishable with death

  • 450 House trespass in order to commit offence punishable withimprisonment for life

  • 456 Punishment for lurking house tres- pass/house breaking


  • Laws of interest to medical profession

    PAKISTAN PENAL CODE 1860

    Laws listed

    Under

    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


    Laws of interest to medical profession

    PAKISTAN PENAL CODE 1860

    Laws listed

    Under

    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


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    ACT V

    OF

    1898

    Sec 61

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


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    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.


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    ACT V

    OF

    1898

    Sec 69Summons, how served?

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

    Sec 94Summons to produce documents or other thing.


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    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.


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    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


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    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.


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    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.


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    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.


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    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.


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    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 him

    in safe custody according to Mental Health Ord of 2001.


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    ACT V

    OF

    1898

    Sec 468Resumption trial of lunatic

    when declared fit in accordance with Sec 473 CrPC.


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    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.


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    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.


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    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.


    Laws of interest to medical profession

    CODE

    OF

    CRIMINAL

    PROCEDURE

    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).


    Laws of interest to medical profession

    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.

    CODE

    OF

    CRIMINAL

    PROCEDURE

    ACT V

    OF

    1898


    Laws of interest to medical profession

    Mental Health Ordinance, 2001

    (Ord VIII of 2001)

    dated 20 Feb 2001


    Laws of interest to medical profession

    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


    Laws of interest to medical profession

    Mental Health Ord 2001

    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


    Laws of interest to medical profession

    Mental Health Ord 2001

    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


    Laws of interest to medical profession

    Mental Health Ord 2001

    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


    Laws of interest to medical profession

    Mental Health Ord 2001

    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


    Laws of interest to medical profession

    Mental Health Ord 2001

    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


    Laws of interest to medical profession

    Mental Health Ord 2001

    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


    Laws of interest to medical profession

    Mental Health Ord 2001

    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


    Laws of interest to medical profession

    Mental Health Ord 2001

    Chapter XI – Miscellaneous

    Sec 61 – Repeal and saving

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


    Laws of interest to medical profession

    Pakistan Medical & Dental

    Council Act 1975

    Reconstituted from PM & DC Ord 1962


    Laws of interest to medical profession

    Pakistan

    Medical

    & Dental

    Council Act

    1975

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

    Elected members:

    a. 1 from National Assembly.

    b. 1 each from members of syndicate of each Pak

    university from the members of medical (and/or dental) faculty.c. 4 members from Registered Medical Practitioners of the country.d. 2 from the registered dental practitionerse. 1 member from each medical/dental teaching institution from amongst the teachers of that institution


    Laws of interest to medical profession

    Pakistan

    Medical

    & Dental

    Council Act

    1975

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

    • Nominated members:

    • f. 1 from each Provincial Assembly

    • g. 4 by Central Government, one of which is from

    • Armed Forces Medical Services

    • h. 1 legal member to be nominated by the Chief

    • Justice of Pakistan

    • The Director General of Health, Government of

    • Pakistan

    • The Council shall elect its President


    Laws of interest to medical profession

    Pakistan

    Medical

    & Dental

    Council Act

    1975

    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 five years.

    4

    4

    4

    4

    4


    Laws of interest to medical profession

    Pakistan

    Medical

    & Dental

    Council Act

    1975

    Sec 9

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


    Laws of interest to medical profession

    Pakistan

    Medical

    & Dental

    Council Act

    1975

    Sec 10 Constitution of The Executive Committee

    The Executive Committeeshall have 7 members, 5 of which will be elected by the Council and the President and Vice President will be ex-officio members


    Laws of interest to medical profession

    Pakistan

    Medical

    & Dental

    Council Act

    1975

    Sec 11 First Schedulecontains Recognized Medical Qualifications awarded in Pakistan

    Sec 12 Second Schedulecontains Recognized Medical Qualifications acquired from abroad

    Sec 16 Third Schedulecontains recognized additional medical qualifications which consist of post-graduate medical qualifications obtained from within or outside Pakistan


    Laws of interest to medical profession

    Pakistan

    Medical

    & Dental

    Council Act

    1975

    Sec 17 Fourth Schedulecontains registrable licenses and diplomas

    obtained from within Pakistan or

    abroad

    Sec 18 Fifth Schedulecontains dental qualifications granted within or

    outside Pakistan


    Laws of interest to medical profession

    Pakistan

    Medical

    & Dental

    Council Act

    1975

    Sec 20

    The Council has thepower to require informationregarding courses of studies and examinations from any medical

    or dental institution in Pakistan

    at any time


    Laws of interest to medical profession

    Sec 21

    The Executive Committee shallappoint any inspectors of examination to any medical or dental examination

    Their reports/recommendations shall be forwarded to Central Government

    Pakistan

    Medical

    & Dental

    Council Act

    1975


    Laws of interest to medical profession

    Sec 22

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

    Pakistan

    Medical

    & Dental

    Council Act

    1975


    Laws of interest to medical profession

    Sec 23-26

    The Council shall maintain a Medical Register which will have three

    lists:-

    of medical practitioners possessing recognized and additional medical qualifications;

    of persons possessing registrable diplomas and licenses; and

    dentists possessing dental qualifications

    Pakistan

    Medical

    & Dental

    Council Act

    1975


    Laws of interest to medical profession

    Pakistan

    Medical

    & Dental

    Council Act

    1975

    Sec 29Privileges of an RMP

    Acquire a job in Govt/Army services

    Medical certificates signed by

    RMP/RDs are legally valid

    Can go to Court to claim medical

    charges for medical/dental services rendered to any person

    s

    s

    s


    Laws of interest to medical profession

    Pakistan

    Medical

    & Dental

    Council Act

    1975

    • Sec 30 Responsibilities of RMP/RD

    • notify any change in address/place

    • of practice within 30 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


    Laws of interest to medical profession

    • Sec 31 Removal of name from Register

    • if convicted of any offence as implies

    • a defect of character by the Council

    • b. if found guilty of infamous conduct in any professional respect after inquiryc. 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

    Pakistan

    Medical

    & Dental

    Council Act

    1975


    Laws of interest to medical profession

    • Jurisdiction

    • PM & DC is empowered to

    • 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 institutions

    • d. Take disciplinary action required for

    • criminal convictions or serious

    • professional misconduct

    Pakistan

    Medical

    & Dental

    Council Act

    1975


    Laws of interest to medical profession

    Pakistan

    Medical

    & Dental

    Council Act

    1975

    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


    Laws of interest to medical profession

    Pakistan

    Medical

    & Dental

    Council Act

    1975

    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


    Laws of interest to medical profession

    • Guidelines by PM & DC

    • certificates

    • illegal gratification

    • abuse of professional knowledge, privileges or skill

    • abuse of doctor-patient relationship

    • disregard of personal responsibility towards patient

    • offences discreditable to doctors

    • abuse of financial opportunities

    • convassing and advertising

    • announcements on radio/TV

    • change of address/conditions of practice

    • nameplates on premises

    • professional courtesy

    Pakistan

    Medical

    & Dental

    Council Act

    1975


    Laws of interest to medical profession

    Hippocratic Oath

    The

    classical

    version

    460-377 BC


    Laws of interest to medical profession

    Hippocratic Oath – 400 BC

    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:


    Laws of interest to medical profession

    Hippocratic Oath …

    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.


    Laws of interest to medical profession

    Hippocratic Oath …

    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.


    Laws of interest to medical profession

    Hippocratic Oath …

    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.


    Laws of interest to medical profession

    Hippocratic Oath …

    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.


    Laws of interest to medical profession

    Hippocratic Oath …

    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


    Laws of interest to medical profession

    Hippocratic Oath

    Modern Version


    Laws of interest to medical profession

    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.


    Laws of interest to medical profession

    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.

    written by Louis Lasagna in 1964.


    Laws of interest to medical profession

    Hippocratic Oath –

    Modern Version …

    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.

    written by Louis Lasagna in 1964.


    Laws of interest to medical profession

    Hippocratic Oath –

    Modern Version …

    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.

    written by Louis Lasagna in 1964.


    Laws of interest to medical profession

    Hippocratic Oath –

    Modern Version …

    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.

    written by Louis Lasagna in 1964.


    Laws of interest to medical profession

    Hippocratic Oath –

    Modern Version …

    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.

    written by Louis Lasagna in 1964.


    Laws of interest to medical profession

    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;


    Laws of interest to medical profession

    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;


    Laws of interest to medical profession

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

    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.


    Laws of interest to medical profession

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

    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.


  • Login