CONSENT

18 years

As per section 53 A CrPC, in the above given scenario it is lawful for the medical practitioner to use necessary or reasonable amount of force to examine the accused.

It is important to make sure that the accused is under arrest and the request is from an officer not under the rank of sub inspector of police.

It is not advisable to redirect him to a far away centre as the evidence in this case is perishable.

As per Section 54 CrPC an arrested person at his request may be examined by a doctor to detect evidence in his favour. This is always important as false accusation may also have lead to the arrest.

Also know:

Section 53 CrPC – In case of a female, the examination should be made only by or under the supervision of a female registered medical practitioner.

The law of the land is binding for all the people in the country. In this case you can vaccinate him without his consent as the law itself provides the consent for the vaccination.

Ref: Textbook of Forensic Medicine and Toxicology by Narayan Reddy, Edition 21, Page – 43

A legal age of 18 years has been set to consent for termination of pregnancy (MTP Act 1971), donation of blood and donation of organs (Transplantation of Human Organ Act 1994). 

As per Transplantation of Human Organs Act 1994 “donor” means any person, not less than eighteen years of age, who voluntarily authorizes the removal of any of his organs for therapeutic purposes under subsection (1) or sub-section (2) of section 3.

Parents or Guardians consent will be required for any individual below 18 years wishing to donate an organ.

Informed Consent: Informing the patient the nature of his disease, the proposed treatment or procedure, the alternative procedure, the risks and benefits involved in both the proposed and alternative procedure, the relative chances of success or failure of both procedures.

This is a highly acceptable form of consent.

Loco Parentis: In an emergency involving children, when parents or guardians are not available, consent is taken from the person in charge of the child.

• A person above 18 years of age can give a valid consent to suffer any harm which may result from an act not intended or not known to cause death or grievous hurt.
• Voluntary sterilization procedure is performed on a married person with the consent of both husband and wife.
• According to doctrine of emergency, a doctor can give the treatment without taking consent from a patient that is gravely sick, unconscious or mentally ill. According section IPC 92 any procedure done in the benefit of a person without his consent in circumstances such as patient being impossible to sign consent, or if he is incapable of giving consent or has no guardian or other person in lawful charge of him is not considered an offence. 

D i.e. Blanket consent authorizes the attending physician or surgeon to do whatever he thinks best for him under the circumstance

B i.e. Concealed information

A i.e. Operate with out formal consent

A i.e. Implied consent

C i.e. For artificial insemination, consent of patient alone is required

Ans:D.)< 18 years.

Explanation:
The Criminal Law (Amendment) Act, 2013:
The age of consent in India has been increased to 18 years, which means any sexual activity irrespective of presence of consent with a woman below the age of 18 will constitute statutory rape.

A i.e. Wife only

– MTP Act 1971 allows registered medical practioner with certified experience (by CMO, of assisting  25 MTP cases) to perform abortion in a licenced setup (Governement or private). The consent of only women is required before conducting abortion; written consent of guardian is required if the women is a minor or mentally ill. Consent of husband is not necessaryQ.

– MTP Act 1971 does not allow abortion on poor socioeconomic grounds and if only husband (not mother) is willingQ. Rape; contraceptive failure, use of cytotoxic drugs, risk of delivering seriously handicapped baby, and injury to physical & mental health of mother are valid grounds for MTP.

Ans. is ‘c’ i.e., Female is below 17 years of age 

The conditions under which a pregnancy can be terminated under the MTP Act. 1971 :

There are 5 conditions that have been identified in the Act :

a.       Medical – where continuation of the pregnancy might endanger the mother’s life or cause grave injury to her physical or mental health.

b.       Eugenic – where there is substantial risk of the child being born with serious handicaps due to physical or mental abnormalities.

c.        Humanitarian – where pregnancy is the result of rape

d.       Socio-economic – where actual or reasonably foreseeable environments (whether social or economic could lead to risk of injury to the health of the mother).

e.        Failure of contraceptive devices – The anguish caused by an unwanted pregnancy resulting from a failure of any contraceptive device or method can be presumed to constitute a grave mental injury to the health of the mother. This condition is a unique feature of the Indian law and virtually allows abortion on request, in view of the difficulty of proving that a pregnancy was not caused by failure of contraception.

The written consent of the guardian is necessary before performing abortion in women under 18 years of age, and in lunatics even if they are older than 18 years.

Ans. D: Termination of pregnancy up to 20 weeks can be done by medical practitioner without consulting specialist

If the period of pregnancy is:

• Below 12 weeks, it can be terminated by on the opinion of a single doctor.
• If the period is between 12-20 weeks, two doctors must agree, though only one can do it once the opinion is formed
• In an emergency, even after 20 weeks a single doctor can perform it.

Consent of the husband for MTP is not required

Ans:C.)18 years.

Explanation:
The Criminal Law (Amendment) Act, 2013:
The age of consent in India has been increased to 18 years, which means any sexual activity irrespective of presence of consent with a woman below the age of 18 will constitute statutory rape.

Ans. Alternate procedures/treatment to be concealed from the patients

Ans. Assault

Ans. Guardian

Ans. Sec. 92 IPC

Ans. Doctrine of implied consent

Ans. Pathological autopsy

Ans. At the time of admission to do any surgery

Ans. Age < 18 years

Ans. is ‘b’ i.e., Use technical jargon

Legally valid consent for medical examination and treatment is one :‑

• Given by person himself, if above 12 years, conscious and mentally sound (sane).
• Or given by parent, guardian, or friend, if patient is less than 12 years or is unconscious or is insane.
• Is written informed consent, i.e. is given in writing after knowing the nature of condition of procedure, its alternatives and its complications. All disclosures/ true information should be given freely in a language that the patient best understand. Non-medical persons usually do not understand the medical technical jargon, so the consent should be taken in simple language, which the patient can understand and not a technical jargon. o Given in presence of two witnesses.
• Given before the actual doing of procedure.
• Given freely, voluntarily and directly; without fear, force or fraud.
• Signed by doctor, patient (or guardian) and witnesses.

Ans.:D.)18 years.

India’s legal age of consent and marriage is 18 years.

Ans. is ‘a’ i.e., 312

Punishment for performing criminal abortion with the consent of women; both for the women and performer is included in IPC Section 312.

Ans. is ‘b’ i.e., Sec 53 IPC

• 53 1PC : An accused can be examined by a medical practitioner at request of police, even without his consent or by force.
• 304-A IPC: Causing death by negligence(criminal negligence) which also includes medical negligence (Punishable up 2 years or fine or both).
• 330. 331, 339, 341 IPCs : Torture.
• 190 IPC : Threat of refraining a person from applying protection to a public servant.