Published December 9, 2025 | Version v1

Forensic Medicine and Medical Jurisprudence in India: Ethical, Legal, and Medico-Legal Perspectives

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Forensic Medicine and Medical Jurisprudence represent the intersection of medicine, ethics, and law, forming the foundation of medico-legal accountability and justice in healthcare. In India, the practice of medicine operates within a robust yet evolving legal-ethical framework shaped by constitutional rights, statutory enactments, professional codes, and judicial precedents. This paper examines the historical, ethical, and legal dimensions of forensic medicine in India, focusing on the duties and rights of medical practitioners, medico-legal procedures, criminal and civil responsibilities, and the integration of forensic psychiatry and toxicology into the justice system. The research highlights the functions and disciplinary roles of the National Medical Commission (NMC) and State Medical Councils in regulating medical conduct, implementing professional standards, and addressing unethical practices and negligence. It discusses the Code of Medical Ethics (NMC Regulations 2023), the legal doctrines of vicarious liability and informed consent, and statutory frameworks such as the Consumer Protection Act 2019, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994, Transplantation of Human Organs and Tissues Act 1994, and Mental Healthcare Act 2017. Case laws such as Indian Medical Association v. V.P. Shantha (1995 6 SCC 651), Jacob Mathew v. State of Punjab (2005 6 SCC 1), and Common Cause v. Union of India (2018 5 SCC 1) are analyzed to illustrate judicial interpretation of medical negligence, euthanasia, and patient autonomy.  The paper also delineates medico-legal procedures including inquest types (police, magistrate, and coroner), post-mortem examination, dying declaration, and the conduct of medical witnesses in courts. The interface between forensic psychiatry and criminal responsibility is explored through doctrines like the McNaughten Rule and statutory provisions under the Indian Penal Code 1860 and the Mental Healthcare Act 2017. Similarly, forensic toxicology and environmental poisoning cases are reviewed within the legal context of evidence preservation, analytical toxicology techniques, and DNA fingerprinting standards under Section 45 of the Indian Evidence Act 1872. Adopting a doctrinal and analytical methodology, this research synthesizes primary legal materials—statutes, case law, and regulations—with secondary literature from forensic and ethical scholarship. It concludes that the medico-legal framework in India has evolved from colonial codification to a rights-based, patient-centric approach grounded in constitutional morality and scientific advancement. However, persistent gaps in enforcement, forensic infrastructure, and medico-legal education continue to challenge effective justice delivery. Strengthening inter-disciplinary coordination among medicine, law, and forensic science is imperative to ensure ethical integrity, legal accountability, and the protection of human rights in medical practice.

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