Author: Esha Jain, 3rd year, Student at School of Law, Devi Ahilya Vishwavidyalaya (DAVV), Indore, Madhya Pradesh
Abstract-
Have you taken into account the psychologists to determine the minors who are 16 years or above regarding their capability to commit serious offenses? The complexity of white-collar crime comes into the issue as well as seen in the case of Pune Porsche, where Dr. Ajay Taware and Dr. Shrihari Harnor from Sassoon Hospital are accused of accepting Rs. 3 lakhs to alter the blood sample of a driver and thereby cover the alcohol traces.
This highlighted case presents a broader issue, wherein several other cases involve such under-the-table money or valuable securities exchange. This paper will mainly discuss the legal issues and cases related to malpractices concerning medical evidence, which can really have a major impact upon the admissibility of such cases and eventually can shake the foundations of justice in India.
Introduction-
White-collar crimes, also known as financial crimes conducted by the rich, well-educated, and connected within legit organizations, are on the rise in the contemporary society. These crimes are even more difficult to investigate and prosecute because the perpetrators carry out their nefarious operations with sophisticated tactics, leveraging their resource and expertise to mask their unlawful activities.
This is a bit concerning, since white-collar crime can be used in the manipulation of the legal system and medical evidence in avoiding punishment. For instance, in India, there are reported cases wherein those with enough financial muscles and social connections would use this to influence the outcome of the legal proceeding even against the weight of overwhelming medical evidence pointing towards the criminality of the act.
White-collar criminals typically use “disguises or the hidden nature of the intent and purpose of crime” and the “perpetrator’s confidence in the victim’s ignorance and carelessness” to commit the crimes. This makes them really hard to be caught or convicted by law enforcement agencies and the judicial system.
The fact that these criminals are usually employed within the legitimate organizations gives them an upper hand, since they use the resources, connections, and influence that are within their reach to obstruct or manipulate the legal process, thus making it hard for authorities to hold them accountable.
Laws to be put on hold while committing or involving in deviation of medical evidences-
Unfortunately, there are no direct laws in India, which includes medical evidences manipulation but following are laws revolving around such regulation-
Bharatiya Sakshya Adhiniyam, 2023-
Medical evidence forms a crucial base in court cases and is referred to as and regulated under the BSA provided in Section 58, which discusses provisions related to secondary evidence including oral and written admissions.
Section 39- Expert witnesses:
They are people who have specialized knowledge or skills in a given field and can help the court in understanding complex issues. Their opinions are treated as facts because their findings are deemed relevant to deliver broader perspectives that can help with administering justice.
121 to 130 in the Bharatiya Sakshya Adhiniyam (BSA), 2023:
These sections deal with false evidence and the punishment for giving or fabricating false evidence.
Bharatiya Nyaya Sanhita (BNS), 2023-
Sec 316 of BNS- Criminal breach of trust:
Committing criminal breach of trust means dishonestly misusing property that has been entrusted to someone. This includes using the property in a way that violates the law, in this case manipulating with the medical evidences entrusted in the hands of medical practioner.
Section 51(3)
It mandates that a medical practitioner submits the examination report of an accused without delay to the investigating authority. This underscores the importance of timely and authenticity of the medical evidence in legal proceedings.
Indian Medical Council Act, 1956 and Dentists Act, 1948-
MCI and DCI are the top authorities in the country, including the medical as well as the dental professionals. MCI also formulates norms for professional conduct and a code of ethics that the medical professionals must observe, and the breaches of which are liable to undergo punishment.
Some illustrative instances under which a doctor renders himself open to charges of misconduct and negligence are:
Receiving, giving commission
Utilizing touts to get business
Employing unqualified persons
Manipulating with medical evidences under the duty
Involving in any kind of white collar crimes, leading to endangering of one’s life or depletes justice.
Preventive Detention Acts:
These acts empower the government to detain anyone suspected of doing anything which might be prejudicial to public order, including tampering with medical evidence.
Consumer Protection Act, 1986:
This act provides a framework for redressing consumer grievances regarding medical negligence and tampering with medical evidence in consumer disputes.
Precedents point of view-
Cases that has included white collar crimes in India while addressing medical evidences before the court of law are as follows-
Narinderjit Singh Sahni and anr v Union of India and ors (2001)
It deals with white-collar crime of India wherein it emphasizes suicidal consequences linked to the committing of such offenses. In fact, judgments of this particular case illustrate the medical aspect of such evidence so strongly that in such a broad social sense, harm created by the commission of white-collar crime, in respect of any financial offense. It reflects on the legal framework surrounding these issues and the importance of addressing the mental health implications for both victims and the societal context in which these crimes occur.
Sumit Mehta v State of N.C.T.
The judgment in the case of Sumit Mehta vs. State of N.C.T. of Delhi, decided on 13 September 2013, which falls in the category of white-collar crime, specifically concerning cheating and electricity pilferage. The judgment touches upon a broad range of aspects from this case, such as reviewing the evidence and discussing various legal implications, though not based on medical evidence due to the case involving the main issue of financial wrongdoing rather than any form of physical or medical cause of action.
Sube Singh vs State of Haryana & ors,2010
In the case of Sube Singh vs. State of Haryana & ors, decided on March 3, 2010, the facts mainly revolved around charges of false detention and custodial torture and not directly dealing with medical evidence regarding white-collar crimes. However, in Indian cases of white-collar crimes, medical evidence can become pertinent if the accused is asserting some kind of harm or distress due to the alleged malpractice or detention at the hands of the law.
Other recent cases (in trial) including-
Khyati Hospital scandal
In November 2024, the Gujarat government filed a police complaint against five people, including doctors and the hospital’s director, for allegedly exploiting the PMJAY health scheme. It was accused of performing unnecessary procedures on patients, falsifying consent forms, and creating fake medical documents.
Ganesh Kendre
In an insurance fraud case, a patient was admitted to two hospitals at the same time to claim reimbursement from both insurers.
Vijay Sharma
In September 2024, a quack was arrested for selling fabricated medical degrees to more than 400 students in Uttar Pradesh.
Khursheed case
In 2018, the Delhi High Court had detected fabrication of a DNA report in a case of alleged child sexual abuse.
Rajeev Singh case
In 2024, a DNA report was filed without appropriate testing
Dr. Hiren Natwarlal Mashru
In October 2024, the Gujarat Medical Council barred a pediatrician from practicing medicine for one year after allegations that he manipulated medical records to illegally claim benefits from the PMJAY scheme.
Conclusion
The legal issues associated with the role of forensic scientific evidence in criminal investigations and trials in India come with various challenges and barriers. While there is widespread recognition of the significance of forensic evidence, especially for more serious and complex crimes, the criminal justice system has also been criticized on many occasions for its handling and interpretation of such evidence. The main issue here would be the level of training and competence of the investigating teams charged with collecting and preserving forensic evidence. Issues raised are those regarding third-degree methods employed by the police and possible wrong convictions on the basis of wrong forensic analysis.
Moreover, the issues of objectivity and reliability of expert medical testimony regarding cases that involve allegations of child abuse have been on the debating table. With this argument, there must be an effort to put in place proper laws in regulating this issue and besides that the code of conduct should be made stringent to avoid any medical practitioner being involved in such white collar crimes of medical evidences in court of law.
FAQS
Q1: What is the judicial response when medical evidence is tampered with?
A1: The judiciary takes it very seriously, and such cases are subjected to proper investigation and prosecution. Courts will rely on expert testimonies, forensic evidence, and cross-examination to reveal the truth.
Q2: How could medical evidence be manipulated in the case of white-collar crimes?
A2: Medical evidence can be manipulated by falsification of medical records, or tampering with test results, or giving misleading information to misrepresent the health condition of the individuals involved.
Q3 What legal provisions govern manipulation of medical evidence in India?
A3: Indian Penal Code, or IPC, and MTP Act cover the cases concerning manipulation of medical evidence. Sections of forgery, fraud, and falsification of documents apply.
Q4: What are the repercussions of avoiding medical evidence in courts?
A4: The judicial consequences are severe and could even reach criminal charges, imprisonment, and professional misconduct charges against the medical practitioner.
