The following matter is prepared by IMA think tank on the behest of MCI was duly submitted to the MCI and t oday(31-10-2017) MCI General Body has passed all the four documents made by MCI in collaboration with IMA. Jacob Mathew guidelines: Draft guidelines for prosecution under 304 A Guidelines for protecting doctors from frivolous or unjust prosecution against medical negligence WHEREAS, the Hon'ble Supreme Court in Jacob Mathew vs. State of Punjab (AIR 2005 SC 3189) had observed that statutory rules or executive instructions incorporating certain guidelines need to be framed and issued by the Government of India and/or the State Governments in consultation with the Medical Council of India; WHEREAS, the Hon'ble Supreme Court had, "so long as it is not done", proceeded to lay down certain guidelines which should govern the prosecution of doctors for offences for whic...
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