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Sexual advances or touching private parts of a patient by a doctor is unacceptable – HC
Case Law Details
- Case Name
- Madan Mohan Gupta Vs The State (Govt. of NCT of Delhi) (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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A physician, being in a position of trust and power, has a duty to act in the patient’s best interest. To maintain trust, a physician must avoid making sexual advances. Sexual advances or inappropriate touching of a patient by a medical practitioner is a grave breach of trust and an offence under Section 354 IPC of gravest form. Such a conduct from a medical practitioner is unacceptable and cannot be tolerated.
HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 20th May, 2013 Pronounced on: 29th May, 2013
Crl. Rev.P.104 /2013
MADAN MOHAN GUPTA
versus
THE STATE (GOVT. OF NCT OF DELHI)
CORAM:
...
This is a relevant judgement to be seriously taken note by all those professionals who have a fiduciary relationship between them and their clients/customers wherein such professionals must not encroach upon or misuse the faith and trust relied upon by the other side.
It is not understood how this case is related to us.