Answer By law4u team
In India, fake doctors—those practicing medicine without a valid medical degree or license—pose a serious threat to public health. Impersonating a doctor or practicing medicine without qualifications is illegal and punishable under various laws. The Indian government, through regulatory bodies like the National Medical Commission (NMC) and State Medical Councils, takes strict actions to curb the spread of fake doctors and protect patients from harm.
Legal Actions and Penalties for Fake Doctors in India:
1. Criminal Charges Under the Indian Penal Code (IPC):
Section 419 - Impersonation:
A fake doctor can be charged with impersonation if they falsely represent themselves as a medical professional and practice medicine. This is a criminal offense punishable by imprisonment of up to 1 year or a fine, or both.
Section 420 - Cheating:
If a fake doctor deceives patients into paying for medical services, they can be charged with cheating under this section. The punishment for this offense includes imprisonment up to 7 years and a fine.
Section 338 - Causing Hurt by Act Endangering Life or Personal Safety of Others:
If a fake doctor’s treatment causes harm or injury to a patient, they can face charges under this section, which can lead to imprisonment up to 2 years or a fine, or both.
Section 304A - Causing Death by Negligence:
If the actions of a fake doctor result in a patient’s death, they can be charged under Section 304A of the IPC, which provides for imprisonment up to 2 years or a fine, or both.
2. National Medical Commission (NMC) Act and State Medical Councils:
The National Medical Commission Act, 2019 regulates the practice of medicine in India. Under the NMC Act, practicing medicine without a valid medical license is a criminal offense.
Fake doctors who are caught impersonating medical professionals can be prosecuted by the State Medical Council or National Medical Commission, which can lead to heavy penalties and jail time.
3. Consumer Protection Act, 2019:
Under the Consumer Protection Act, 2019, patients who are harmed by fake doctors can file complaints for medical negligence or fraud and seek compensation for any harm caused. Fake doctors can be sued for providing substandard medical services or fraudulent treatments.
4. Medical Malpractice and Civil Laws:
Fake doctors can also face civil actions for medical malpractice. If a patient’s condition worsens or they are harmed due to improper treatment, the fake doctor can be held liable for damages and compensation.
5. Suspension of License and Imprisonment:
If a person is practicing medicine with a fraudulent medical degree or fake certification, their medical license (if any) will be revoked. In the case of non-licensed practitioners, legal authorities may shut down their practice and prosecute them under various sections of the IPC.
6. State Government Measures:
Several state governments in India have conducted special raids and operations to identify and arrest fake doctors operating in unlicensed clinics, especially in rural areas where patients are vulnerable to quackery.
In some states, fake doctors have been sentenced to imprisonment or fines after being caught offering fake medical treatments or misleading patients about their qualifications.
Example:
Dr. X, who did not possess any medical degree but claimed to be an MBBS doctor, was caught practicing in a small clinic in a rural area. He performed unauthorized surgeries and prescribed strong medications to patients. After an investigation, it was discovered that Dr. X was not registered with any Medical Council. He was charged with impersonation (Section 419 of IPC) and cheating (Section 420 of IPC). Dr. X was sentenced to 2 years of imprisonment and fined ₹50,000. His clinic was shut down, and his fraudulent medical practices were exposed.
