Law4u - Made in India

What Is The Penalty For Practicing Without A Valid License?

Answer By law4u team

Practicing medicine without a valid or renewed license is considered a serious legal and ethical violation in India. It compromises patient safety and undermines the integrity of the medical profession. Regulatory bodies such as the National Medical Commission (NMC) and State Medical Councils enforce strict penalties to prevent unauthorized medical practice.

Legal and Disciplinary Consequences:

1. Criminal Offense Under the NMC Act, 2019:

As per Section 34 of the National Medical Commission Act, 2019, anyone practicing medicine without being registered with a State Medical Council or the NMC commits a punishable offense.

Penalty includes imprisonment up to 1 year or fine up to ₹5 lakh, or both.

2. Action by State Medical Councils:

State councils may issue notices, impose penalties, and initiate disciplinary action against those found practicing with expired or invalid licenses.

Practitioners may be disqualified from future registration or permanently blacklisted.

3. Cancellation of License (If Previously Held):

If the practitioner had a license that lapsed, continued practice can result in permanent cancellation of license and future ban on re-registration.

4. Civil Liability and Lawsuits:

Patients harmed due to treatment by unlicensed practitioners can sue for damages in consumer or civil courts.

Such actions may result in compensation orders or professional negligence cases.

5. Violation of Medical Ethics:

Practicing without license is a direct violation of the Code of Medical Ethics, which mandates valid registration and periodic renewal for all medical professionals.

Violators may face censure from professional bodies like the Indian Medical Association (IMA).

6. Police Involvement in Cases of Fraud:

In cases where fake degrees or forged licenses are used, police action may be taken under the Indian Penal Code (IPC) for fraud, impersonation, or cheating.

Example:

Dr. X continued practicing in Delhi despite his registration expiring a year ago. A patient filed a complaint after complications during a treatment. Upon investigation, the Delhi Medical Council found that Dr. X had not renewed his license. Legal action was initiated under the NMC Act, resulting in a ₹2 lakh fine and a warning of imprisonment for continued non-compliance. His registration was suspended for 3 years.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Jangkhogin Haokip

Advocate Jangkhogin Haokip

Motor Accident, Domestic Violence, Family, Civil, Criminal, Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Child Custody, Recovery

Get Advice
Advocate Devender Uchana

Advocate Devender Uchana

Criminal, Divorce, Family, Motor Accident, Muslim Law, Breach of Contract, Anticipatory Bail, Cheque Bounce

Get Advice
Advocate Indrajeet

Advocate Indrajeet

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Hardik Agarwal

Advocate Hardik Agarwal

Cheque Bounce, Civil, Criminal, Divorce, Documentation, Domestic Violence, Family

Get Advice
Advocate Devendra Kumar Misra

Advocate Devendra Kumar Misra

High Court, Civil, Arbitration, Labour & Service, Landlord & Tenant, Recovery, Revenue, Trademark & Copyright, Criminal

Get Advice
Advocate Sumit

Advocate Sumit

Criminal, Civil, Cheque Bounce, Divorce, Family

Get Advice
Advocate Manish Mishra

Advocate Manish Mishra

Cheque Bounce, Consumer Court, Court Marriage, Divorce, Insurance, Motor Accident, Property, R.T.I, Revenue, Wills Trusts, Criminal, Anticipatory Bail, Succession Certificate, Family, Domestic Violence, Documentation, Civil

Get Advice
Advocate Sumesh Joshi

Advocate Sumesh Joshi

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Immigration, Motor Accident, Muslim Law, Labour & Service, Supreme Court, Succession Certificate, Revenue

Get Advice

Healthcare and Medical Malpractice Related Questions

Discover clear and detailed answers to common questions about Healthcare and Medical Malpractice. Learn about procedures and more in straightforward language.