The purpose of this piece ‘Violence Against Healthcare Community: A Ready-Reckoner of Laws & Remedies’ is to simply provide an easy referencer to laws in India that address the violence suffered by healthcare workers and institutions in the discharge of their duties. Violence Against Healthcare Community: A Ready-Reckoner of Laws & Remedies The frequency of violent attacks on… Read More »

The purpose of this piece ‘Violence Against Healthcare Community: A Ready-Reckoner of Laws & Remedies’ is to simply provide an easy referencer to laws in India that address the violence suffered by healthcare workers and institutions in the discharge of their duties.

Violence Against Healthcare Community: A Ready-Reckoner of Laws & Remedies

The frequency of violent attacks on healthcare professionals makes it ominously easy to introduce the same. While all forms of violence, against any person, whosoever, are equally bad, there is no harm in adopting a limited approach by focusing on violence in a particular functional community. The purpose of this piece is to simply provide an easy referencer of laws in India that addresses the violence suffered by healthcare workers and institutions in the discharge of their duties.

Health is a subject under the State List of the 7th Schedule of the Constitution of India (only State Governments can make laws). Naturally, this has led to a lack of centralized special legislation on the issue. There are 22 States and 1 Union Territory which provide for a specialized law securing the person and property of medicare personnel and institutions. This situation has thus led to agitations by the medicare community seeking centralized and uniform special legislation for their security/protection and such agitations have increased in recent years along with the rise in attacks.

However, this has also birthed a misnomer that the system lacks the means to appropriate remedy. The dearth of detailed studies forces me to rely on a targeted study conducted in a tertiary hospital affiliated with a medical college in Delhi. As per the study, only 33.3% of those who experienced workplace violence reported the same to their higher authorities; of those who did not report, all of them considered it a useless and time-wasting activity, and only 49.1% of the sample were aware of any legislation regarding punishment for assault on healthcare workers.[1]

While the findings of a targeted study should not be generalized, the complex nature of the legal system and laws requires an expedient effort to collate and present the same in a scientific manner. The remedies available under the laws can be classified into three broad heads:

  1. Criminal Law;
  2. Civil Law; and
  3. Special Laws.

While remedies under the civil and criminal laws are available throughout India, only certain territories of India provide for special laws in addition. A representation of the laws and its important constituents are provided below, divided under the afore-stated three broadheads.

I. Criminal Law – Indian Penal Code, 1860 (IPC) & Code Of Criminal Procedure, 1973

A perusal of Table A would show that violence, in almost all its common forms, which can be committed against a medicare personnel / institution, is covered under the existing law (IPC) which is applicable pan-India. The most common ones have been highlighted in bold for convenience.

Broadly, the offences under IPC can be classified into 4 categories: – (a) causing obstruction to public servant (in case of government medicare personnel), (b) offences against the body, (c) offences against property, and (d) offences against reputation.

The punishment prescribed for these offences include imprisonment and/or fine, the quantum thereof depending upon the nature of offence and the substantive prescriptions under the IPC. The maximum and minimum imprisonment which may be awarded for these offences has been set out in Table A, and in appropriate cases, can go upto imprisonment for life. In cases of grave offence and rarest of rare cases, the courts may also provide for the penalty of death. Similarly, the maximum and minimum fine that may be levied on an accused is also set out in Table A.

Q & As

1. What should a victim do?

File a written complaint at the Police Station which administers in the area of incident (can be Googled). State all the facts clearly and provide all evidences (CCTV footage etc.) in support of the complaint. You may or may not state the offence under IPC which has been committed. Ensure that you receive a receiving copy of your complaint. Pursue the complaint until an F.I.R. is registered. Keep in touch with the Investigating Officer (I.O.) which will be assigned to your case.

2. What if F.I.R. is not registered by the Police at all or within a reasonable time?

In such and appropriate cases, under the provisions of Cr.P.C. [Sections 156(3) and 190], a Complaint can be filed directly in the Court which can direct the Police to investigate a particular case based on the allegations in such Complaint filed directly in such Court.

3. Timeline?

Like how different patients may react differently to a particular treatment, there can be no specified timeline for criminal cases to reach finality. Nature of offence, complexity of the case, necessities of procedure – all can have varying impacts on the timeline and one should be aware and open to bear with multiple court hearings, stretched over a long period of time. For example, even if a criminal is convicted by the court of first instance, such person may prefer an appeal against the same and extend the finality of such conviction.

4. Should professionals (Lawyers) be engaged for legal recourse?

The law as it exists is complex; the procedures and practicalities involved, even more so. While one can pursue the legal recourse personally, they are bound to face many roadblocks due to lack of functional expertise that professionals possess. Humble advice – always engage a professional. If eligible, one may even utilize the inexpensive services of the State/District Legal Services Authorities.

II. Remedies Under Civil Law

Violence against healthcare workers and institutions manifests itself in the form of damage, harm and injury to reputation and property as well. While there is some overlap between remedies under the criminal and civil law remedies, certain remedies are best pursued before the Civil Courts. One can initiate both civil as well as criminal proceedings for seeking remedy emanating from the same incident. An action brought against another in a Civil Court is called a suit. The following types of suits may be filed by healthcare workers and institutions: –

  1. For Permanent Injunctions: – Orders can be obtained from the Court requiring a person to do or not do a specific action. In simpler words, an attacker can be permanently restrained from harassing or endangering a person or a place. In such a suit a temporary injunction can also be obtained as the final decision on permanent injunction may take time. This is in the nature of the more popular term – “Restraining Order”.
  2. For Damages: – The Court can be approached by a victim for seeking damages, i.e., money to compensate for the injury suffered by such victim, whether to such victim’s person or property. In most cases of violence, there is damage done to property such as medical supplies, instruments, clinics, etc. Victims also suffer mental injury and harassment. The Court can be approached for damages on account of these types of injuries. While a sum of amount can be specifically claimed, the final decision on the same rests with the Court
  3. For Defamation: – An incident like an attack on a healthcare worker or institution is bound to cause loss of reputation in most cases. Aside from a claim for damages the Court may also be approached with a suit for defamation against the attacker seeking damages for the loss of reputation caused by such attacker. This is in addition to the offence under the Indian Penal Code of criminal defamation.

Note: – Like criminal cases, even civil actions take time for final decision (judgment) by the Court. Moreover, pursuing civil actions is relatively more expensive than criminal cases. However, the scope of obtaining substantial damages lie in civil actions. The above suggestions are simplified statements of available remedies. It is strongly advised that professional consultation, along with a cost-benefit analysis, is availed before taking any civil action. A professional will help in understanding the procedural framework (and there are a lot of things) involved in fighting a civil case which may be crucial in taking a decision to initiate civil actions.

III. Special Laws (Central & State)

Central Laws

As stated above, since ‘health’ is a state subject under the Constitution of India, there is a lack of special central law offering protection to health-care personnel and institutions. In 2019, the Ministry of Health & Family Welfare had proposed the “Healthcare Service Personnel and Clinical Establishments (Prohibition of violence and damage to property) Bill, 2019” (“Bill”), however, the same was pulled back at the instance of the Ministry of Home Affairs due to constitutional concerns. The Bill provided for a maximum punishment of 10 years, the minimum being 6 months. the maximum fine payable was Rs.10 Lakhs and the minimum – Rs.50,000/-. Terms such as ‘clinical establishment’, ‘healthcare service personnel’, ‘violence’, etc. were specifically defined in the Bill.

Perhaps, at least until the Sars-Cov-2 pandemic is over, the most relevant piece of central legislation is the Epidemic Diseases Act, 1897 (“Act”), as amended in 2020 by The Epidemic Diseases (Amendment) Act, 2020. Section 2B of the amended Act prescribes that “No person shall indulge in any act of violence against a healthcare service personnel or cause any damage or loss to any property during an epidemic.” If anyone indulges in such violence, such person may be subjected, basis the nature of offence, to a maximum imprisonment of 7 years and a maximum fine of up to Rs.5 Lakhs, the minimum being imprisonment of at least 3 years and fine of at least Rs.50,000/-.

The Act also provides that a person who is convicted of violence shall also be liable to pay an amount, as determined by the court, to compensate for causing [hurt or grievous hurt][2] to any healthcare service personnel, and if any damage has been caused to any property or any other loss has been caused further to such violence, then the amount of compensation payable shall be twice the amount of fair market value of the damaged property or loss which was caused to property, subject to final determination by the court. Offences under the Act have been made [cognizable and non-bailable][3] and it has been mandated that the investigation by police be completed within 30 days of the registration of the first F.I.R. Further, the Act encourages that trial (criminal case) under this Act be completed within a period of 1 year, subject to extension of 6 months at a time, with the permission of the court, who has to record reasons for such extension. Hence, safeguards have been placed to ensure speedy disposal of cases under the Act.

State Laws

As mentioned above, at least 22 States and 1 Union Territory have passed special laws for protection of medicare service persons and medicare service institutions, out of which at least 18 have also enforced their laws. Table B sets out a list of all the states (which have a special law addressing the issue), the title of the special laws passed by such states, and the punishment and the nature of offences under such special laws.

In spirit and form, all state special laws are the same. These laws provide for a very wide definition of Medicare Service Institutions, even encompassing camps and mobile medical units, government or privately owned. Similarly, the definition of Medicare Service Persons covers (i) Registered Medical Practitioner, Registered Practitioner and Practitioner, working in a Medicare Service Institution; (ii) Nurse; (iii) Auxiliary Nurse and Midwife; (iv) Nurse-dai; (v) Trained dai; (vi) Medical Student; (vii) Nursing Student; (viii) Para Medical Worker; and other staff or workers directly or indirectly engaged by a Medicare Service Institution for providing the required services. Further, violence has been defined as an “act which causes or may cause any physical harm, injury or endangering the life of Medicare Service Person or criminal intimidation, obstruction to any Medicare Service Person in the discharge of his duty as a Medicare Service Person or causing damage or loss to the property in a Medicare Service Institution.”

The difference lies in either the quantum of punishment/penalty and the nature of offence envisaged under the different State laws. However, on a cumulative analysis it is found that, the maximum sentence of imprisonment that can be awarded by a court is 3 years and the maximum fine which can be levied is Rs.50,000/-. All state laws (except Madhya Pradesh) also provide for compensation/penalty for loss or damage caused to the property of Medicare Service Institutions or Medicare Service Persons. Table B provides a tabular representation of the extent of punishment/penalty and nature of offences under the various special laws enacted by various states. Please refer to the same to find out if your state has a special law protecting your health-care institutions and personnel.

Hence, not only do the special laws criminalize the violence against healthcare institutions and personnel but also provide for compensatory (and in most cases exemplary) damages to recover from the economic fallout of such violence. However, the implementation of these laws remains mostly meek. There is lack of awareness not only in the health-care community but also in the enforcement agencies. The special laws are in addition to the existing laws, i.e., the IPC, Epidemic Diseases Act, etc., and can be availed of simultaneously, even if a victim decides to pursue other remedies, whether under the criminal or civil laws.

Table A

S.N. PROVISION (SECTION NO. IN THE IPC) & OFFENCE PUNISHMENT NATURE OF OFFENCE
1. 186. Obstructing public servant in discharge of public functions.
  1. Imprisonment: – Up to 3 months; or
  2. Fine: – Up to Rs.500/-; or
  3. Both.
Bailable and Non-cognizable.
2. 189. Threat of injury to public servant.
  1. Imprisonment: – Up to 2 Years; or
  2. Fine: – Up to unspecified amount; or
  3. Both.
Bailable and Non-cognizable.
3. 268. Public nuisance. [Includes any act which causes injury, danger or annoyance to the public using any public right]
4. 290. Punishment for public nuisance in cases not otherwise provided for.
  1. Fine: – Up to Rs.200/-
Bailable and Non-cognizable.
5. 302. Punishment for Murder
  1. Punishment: – Death or Life Imprisonment; and
  2. Fine: – Up to unspecified amount.
Non-bailable and Cognizable.
6. 304. Punishment for culpable homicide (CH) not amounting to murder.
  1. Imprisonment: – Life; or up to 10 Years; and
  2. Fine up to an unspecified amount (in certain cases).

OR (in certain cases)

  1. Imprisonment: – Up to 10 Years; or
  2. Fine up to unspecified amount; or
  3. Both (i) and (ii).
Non-bailable and Cognizable.
7. 307. Attempt to murder.
  1. Imprisonment: – Up to 10 Years; and
  2. Fine up to the unspecified amount.

(In case hurt, as defined below, caused in attempt)

  1. Imprisonment: – Life or Up to 10 years with Fine up to unspecified amount.
Non-bailable and Cognizable.
8. 319. Hurt – bodily pain, disease or infirmity.
9. 320. Grievous hurt – Emasculation; Permanent privation of the sight of either eye; Permanent privation of the hearing of either ear; Privation of any member or joint; Destruction or permanent impairing of the powers of any member or joint; Permanent disfiguration of the head or face; Fracture or dislocation of a bone or tooth; Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

10. 323. Punishment for voluntarily (intentionally) causing hurt.
  1. Imprisonment: – Up to 1 Year; or
  2. Fine: – Up to Rs.1000/-; or
  3. Both (i) & (ii).
Bailable and Non-cognizable.
11. 324. Voluntarily (intentionally) causing hurt by dangerous weapons or means.
  1. Imprisonment: – Up to 3 Years; or
  2. Fine: – Up to unspecified amount; or
  3. Both (i) & (ii).
Bailable and Cognizable.
12. 325. Punishment for voluntarily (intentionally) causing grievous hurt.
  1. Imprisonment: – Up to 7 Years; and
  2. Fine: – Up to unspecified amount.
Bailable and Cognizable.
13. 326. Voluntarily (intentionally) causing grievous hurt by dangerous weapons or means.
  1. Imprisonment: – Life or Up to 10 Years; and
  2. Fine: – Up to unspecified amount.
Non-Bailable and Cognizable.
14. 326A. Voluntarily causing grievous hurt by use of acid, etc.
  1. Imprisonment: – Not less than 10 Years and may be extended to Life; and
  2. Fine: – Up to unspecified amount.
Non-Bailable and Cognizable.
15. 326B. Voluntarily throwing or attempting to throw acid.
  1. Imprisonment: – Not less than 5 Years and may be extended to 7 Years; and
  2. Fine: – Up to unspecified amount.
Non-Bailable and Cognizable.
16. 332. Voluntarily (intentionally) causing hurt to deter public servant from his duty.
  1. Imprisonment: – Up to 3 Years; or
  2. Fine: – Up to unspecified amount; or
  3. Both (i) & (ii).
Non-Bailable and Cognizable.
17. 333. Voluntarily (intentionally) causing grievous hurt to deter public servant from his duty.
  1. Imprisonment: – Up to 10 Years; or
  2. Fine: – Up to unspecified amount; or
  3. Both (i) & (ii).
Non-Bailable and Cognizable.
18. 336. Act endangering life or personal safety of others.
  1. Imprisonment: – Up to 3 Months; or
  2. Fine: – Up to Rs.250/-; or
  3. Both (i) & (ii).
Bailable and Cognizable.
19. 337. Causing hurt by act endangering life or personal safety of others.
  1. Imprisonment: – Up to 6 Months; or
  2. Fine: – Up to Rs.500/-; or
  3. Both (i) & (ii).
Bailable and Cognizable.
20. 338. Causing grievous hurt by act endangering life or personal safety of others.
  1. Imprisonment: – Up to 2 Years; or
  2. Fine: – Up to Rs.1000/-; or
  3. Both (i) & (ii).
Bailable and Cognizable.
21. 339. Wrongful restraint. (Intentional prevention of a person rightfully moving in any direction)
22. 340. Wrongful confinement. (Restricting a person from going beyond a certain limit)
23. 341. Punishment for wrongful restraint.
  1. Imprisonment: – Up to 1 Month; or
  2. Fine: – Up to Rs.500/-; or
  3. Both (i) & (ii).
Bailable and Cognizable.
24. 342. Punishment for wrongful confinement.
  1. Imprisonment: – Up to 1 Year; or
  2. Fine: – Up to Rs.1000/-; or
  3. Both (i) & (ii).
Bailable and Cognizable.
25. 350. Criminal force. (Use of force to cause harm – physical or mental – to a person. It can be done through self, through another object/thing or through an animal)

26. 351. Assault. (Any act which causes an apprehension of criminal force)
27. 352. Punishment for assault or criminal force otherwise than on grave provocation.
  1. Imprisonment: – Up to 3 Months; or
  2. Fine: – Up to Rs.500/-; or
  3. Both (i) & (ii).
Bailable and Non-Cognizable.
28. 353. Assault or criminal force to deter public servant from discharge of his duty.
  1. Imprisonment: – Up to 2 Years; or
  2. Fine: – Up to unspecified amount; or
  3. Both (i) & (ii).
Non-Bailable and Cognizable.
29. 354. Assault of criminal force to woman with intent to outrage her modesty.
  1. Imprisonment: – Not less than 1 Year and may be extended to 5 Years; and
  2. Fine: – Up to unspecified amount.
Non-Bailable and Cognizable.
30. 354A. Sexual harassment and punishment for sexual harassment (against a woman by a man) –

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or

(ii) a demand or request for sexual favours; or

(iii) showing pornography against the will of a woman; or

(iv) making sexually coloured remarks,

A. In case of (i), (ii) or (iii): –

  1. Rigorous Imprisonment up to 3 Yrs, or
  2. Fine; or
  3. Both.

B. In case of (iv): –

  1. Imprisonment: – Up to 1 Year; or
  2. Fine; or
  3. Both.
Bailable and Cognizable.
31. 354B. Assault or use of criminal force to woman with intent to disrobe.
  1. Imprisonment: – Not less than 3 Years and may be extended to 7 Years; and
  2. Fine: – Up to unspecified amount.
Non-Bailable and Cognizable.
32. 355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.
  1. Imprisonment: – Up to 2 Years; or
  2. Fine: – Up to unspecified amount;or
  3. Both (i) and (ii).
Non-Bailable and Non-Cognizable.
33. 357. Assault or criminal force in attempt wrongfully to confine a person.
  1. Imprisonment: – Up to 1 Year; or
  2. Fine: – Up to Rs.1000/-; or
  3. Both (i) & (ii).
Non-Bailable and Cognizable.
34. 379. Punishment for theft.
  1. Imprisonment: – Up to 3 Years; or
  2. Fine: – Up to unspecified amount;or
  3. Both (i) and (ii).
Non-Bailable and Cognizable.
35. 390. Robbery. (Theft/Extortion done with voluntarily causing or attempting to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.)

36. 391. Dacoity (Robbery by 5 or more persons)
37. 392. Punishment for Robbery.
  1. Imprisonment: – Up to 10 Years; and
  2. Fine: – Up to unspecified amount.

(In case of Robbery at Highway between sunset & sunrise)

  1. Imprisonment: – Up to 14 Years; and
  2. Fine: – Up to unspecified amount.
Non-Bailable and Cognizable.
38. 393. Attempt to commit Robbery.
  1. Imprisonment: – Up to 7 Years; and
  2. Fine: – Up to unspecified amount.
Non-Bailable and Cognizable.
39. 394. Voluntarily causing hurt in committing Robbery.
  1. Imprisonment: – For Life or Rigorous Imprisonment Up to 10 Years; and
  2. Fine: – Up to unspecified amount.
Non-Bailable and Cognizable.
40. 395. Punishment for Dacoity.
  1. Imprisonment: – Up to 10 Years; and
  2. Fine: – Up to unspecified amount.
Non-Bailable and Cognizable.
41. 396. Dacoity with Murder.
  1. Imprisonment: – Up to 10 Years; and
  2. Fine: – Up to unspecified amount.
Non-Bailable and Cognizable.
42. 397. Robbery, or Dacoity, with attempt to cause death or Grievous Hurt.
  1. Imprisonment: – Not less than 7 Years.
Non-Bailable and Cognizable.
43. 398. Attempt to commit robbery or dacoity when armed with deadly weapon.
  1. Imprisonment: – Not less than 7 Years.
44. 425. Mischief – (Wrongful loss or damage to the public or to any person by destruction of any property or its utility)
45. 426. Punishment for Mischief.
  1. Imprisonment: – Up to 3 Months; or
  2. Fine: – Up to unspecified amount; or
  3. Both (i) and (ii).
Bailable & Non-Cognizable.
46. 427. Mischief causing damage to the amount of fifty rupees.
  1. Imprisonment: – Up to 2 Years; or
  2. Fine: – Up to unspecified amount; or
  3. Both (i) and (ii).
Bailable and Non-Cognizable.
47. 435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees.
  1. Imprisonment: – Up to 7 Years; or
  2. Fine: – Up to unspecified amount; or
  3. Both (i) and (ii).
Bailable and Cognizable.
48. 440. Mischief committed after preparation made for causing death or hurt.
  1. Imprisonment: – Up to 5 Years; or
  2. Fine: – Up to unspecified amount; or
  3. Both (i) and (ii).
Bailable and Cognizable.
49. 441. Criminal trespass. (Entering into property in possession of another person with intention to commit an offence or to intimidate, insult or annoy such person OR if lawfully entering such property but unlawfully remaining there to commit the afore-said offences.)

50. 447. Punishment for criminal trespass.
  1. Imprisonment: – Up to 3 Months; or
  2. Fine: – Up to Rs.500/-; or
  3. Both (i) and (ii).
Bailable and Cognizable.
51. 499. Defamation (Causing loss of reputation)
52. 500. Punishment for defamation
  1. Imprisonment: – Up to 2 Years; or
  2. Fine: – Up to unspecified amount; or
  3. Both (i) and (ii).
53. 503. Criminal intimidation. (Threat of injury to a person’s or such person’s acquaintance’s body, reputation or property, to scare such persons or to make them do illegal acts.)

54. 506. Punishment for criminal intimidation.
  1. Imprisonment: – Up to 2 Years; or
  2. Fine: – Up to unspecified amount; or
  3. Both (i) and (ii).

(In grave cases)

  1. Imprisonment: – Up to 7 Years; or
  2. Fine: – Up to unspecified amount; or
  3. Both (i) and (ii).
Bailable and Non-Cognizable.
55. 509. Word, gesture or act intended to insult the modesty of a woman.
  1. Imprisonment: – Up to 3 Years; and
  2. Fine: – Up to unspecified amount.
Bailable and Cognizable.
56. 510. Misconduct in public by a drunken person.
  1. Imprisonment: – Up to 24 Hours; or
  2. Fine: – Up to Rs.10/-; or
  3. Both (i) and (ii).
Bailable and Non-Cognizable.

Key Terms: –

  1. Bailable vs. Non-Bailable Offence: If the offence is bailable, then the alleged offender has the right to be released on bail on payment of certain amount. In simpler words, bailable offence are not that serious and the alleged offender can get out of custody easily. If the offence is non-bailable then the alleged offender will have to obtain order from the Court to be released.
  2. Cognizable vs. Non-cognizable offence: – Cognizable offences are those for which the alleged offender can be arrested without prior approval of the Court. Non-cognizable offences are those which require prior permission from the Court before arrest of an alleged offender.
  3. The expression “Up to” used above in the context of punishment indicates the maximum punishment (imprisonment or fine or both) that a Court can impose. The sentence cannot exceed the maximum limit.
  4. The expression “Not less than” used above in the context of punishment indicates the minimum punishment (imprisonment or fine or both) that a Court can impose. The sentence cannot recede below the minimum limit.
  5. There are certain provisions which can only be attracted when the victim (medicare personnel) is a public servant (Healthcare professional in a government hospital).
  6. For offences which attract Fine up to unspecified amount, the Court can determine the amount of Fine per its discretion.

Table B

S.N. STATE & LAW PROVISION AND PUNISHMENT NATURE OF OFFENCE
1. Andhra Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 Section 4: Imprisonment up to 3 years and Fine up to Rs.50,000/-.

Section 6: Penalty of twice the amount of purchase price of the medical equipment damaged.

Non-Bailable and Cognizable.
2. Arunachal Pradesh Protection of Medical Service Personnel and Medical Service Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2019 Section 4: Imprisonment not less than 3 years and extended up to 10 Years or Fine up to Rs.5,00,000/-, or both.

Section 8: Penalty of twice the amount of purchase price of the medical equipment damaged.

Non-Bailable and Cognizable & Non-compoundable.
3. Assam Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage To Property) Act, 2011 Section 4: Imprisonment up to 3 years and Fine up to Rs.50,000/-.

Section 6: Compensation of amount decided by court towards damage caused to medicare equipment. Such amount cannot be less than amount of purchase price of such equipment(s).

Non-Bailable and Cognizable.
4. Bihar Medical Service Institution and Person Protection Act, 2011 Section 4: Imprisonment up to 3 years and Fine up to Rs.50,000/- and/or action will be taken under IPC.

Section 7: Penalty of twice the amount of purchase price of the medical equipment damaged and twice the loss caused to property.

Non-Bailable and Cognizable.
5. ^Chhattisgarh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010 Section 4: Imprisonment up to 3 years and Fine up to Rs.50,000/-.

Section 6: Penalty of twice the amount of damage caused to property.

Bailable and Cognizable.
6. ^Delhi Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 Section 4: Imprisonment up to 3 years or Fine up to Rs.10,000/- or both.

Section 8: Penalty of twice the amount of purchase price of the medical equipment damaged and loss caused to property.

Non-Bailable and Cognizable.
7. Goa Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2013 Section 4: Imprisonment up to 3 years or Fine up to Rs.50,000/- or both.

Section 6: Penalty of twice the amount of purchase price of the medical equipment damaged and loss caused to property.

Non-Bailable and Cognizable.
8. ^Gujarat Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2012 Section 4: Imprisonment up to 3 years or Fine up to Rs.50,000/- or both.

Section 6: Penalty of twice the amount of market price of the medical equipment damaged and loss caused to property.

Non-Bailable and Cognizable.
9. Haryana Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2009 Section 3: Imprisonment for 3 years and penalty up to actual purchase price of medical equipment damaged and loss caused to the property. Non-Bailable and Cognizable.
10. Karnataka Prohibition of Violence Against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act, 2009 Section 4: Imprisonment up to 3 years and Fine up to Rs.50,000/-.

Section 6: Penalty of twice the amount of purchase price of the medical equipment damaged and loss caused to property.

Non-Bailable and Cognizable.
11. Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 Section 4 (1): Imprisonment up to 3 years and Fine up to Rs.50,000/-.

Section 4 (2): Compensation of twice the amount of purchase price of the medical equipment damaged and loss caused to property, payable to the health-care service institution.

Non-Bailable and Cognizable.
12. Madhya Pradesh Chikitsaka Tatha Chikitsa Se Sambaddha Vyaktiyon Ki Suraksha Adhiniyam, 2008 Section 4: Imprisonment up to 3 months or Fine up to Rs.10,000/-, or both. Non-Bailable & Cognizable & compoundable.
13. Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010 Section 4: Imprisonment up to 3 years and Fine up to Rs.50,000/-.

Section 6: Compensation of twice the amount of damage or loss caused to the property.

Non-Bailable and Cognizable.
14. ^The Manipur Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2015 Section 4: Imprisonment up to 3 years and Fine up to Rs.50,000/-.

Section 6: Compensation of twice the amount of damage or loss caused to the property.

Non-Bailable and Cognizable.
15. The Orissa Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 Section 3: Imprisonment up to 3 years and Fine up to Rs.50,000/-.

Section 5: Compensation of amount towards the damage or loss caused to the property Medicare Service Institution.

AND in case of damage to medical equipment the compensation amount cannot be less than the purchase price of such equipment.

Non-Bailable and Cognizable.
16. Punjab Protection of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 Section 4: Imprisonment up to 1 year or Fine up to Rs.50,000/- or both.

Section 6: Penalty of twice the amount of damage or loss caused to the property.

Non-Bailable and Cognizable.
17. Rajasthan Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 Section 4: Imprisonment up to 3 years and Fine up to Rs.50,000/-.

Section 6: Penalty of twice the amount of damage or loss caused to the property.

Non-Bailable and Cognizable.
18. Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2008 Section 3: Imprisonment not less than 3 years and extendable up to 10 years and Fine up to an unspecified amount.

Section 5: Compensation for damage or loss caused to property.

Non-Bailable and Cognizable.
19. The Telangana Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008. Section 4: Imprisonment up to 3 years and Fine up to Rs.50,000/-.

Section 6: Penalty of twice the amount of purchase price of medical equipment damaged or loss caused to the property.

Non-Bailable and Cognizable.
20. Tripura Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2013 Section 4: Imprisonment up to 3 years and Fine up to Rs.50,000/-.

Section 5: Compensation for damage or loss caused to property, which shall not be less than the purchase price of the medical equipment damaged.

Non-Bailable and Cognizable.
21. Uttar Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2013 Section 3: Imprisonment up to 3 years or Fine up to Rs.50,000/-, or both.

Section 5: Penalty of twice the amount of purchase price of medical equipment damaged or loss caused to the property.

Non-Bailable and Cognizable.
22. Uttarakhand Medicare Service Persons and Institutions (Prevention of Violence and Damage to Property) Act, 2013 Section 4 (1): Imprisonment up to 3 years or Fine up to Rs.50,000/-, or both.

Section 4 (2): Penalty of twice the amount of purchase price of medical equipment damaged or loss caused to the property.

[For Second (and subsequent) offence(s) the punishment shall double that of the first offence.]

Non-Bailable and Cognizable.
23. ^West Bengal Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2009 Section 4: Imprisonment up to 3 years and Fine up to Rs.50,000/-.

Section 6: Compensation for damage or loss caused to the property.

Non-Bailable and Cognizable.
^ : Enforcement of the Act is not confirmed.

[1] Tanu Anand, Shekhar Grover, Rajesh Kumar, Madhan Kumar, Gopal Krishna Ingle, ‘Workplace violence against resident doctors in a tertiary care hospital in Delhi’ (2016) 29 The National Medical Journal of India 344-348.

[2] Please refer to Table A.

[3] Please refer to Key Points under Table A.


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Updated On 2022-01-05T10:33:34+05:30
Saif Ali

Saif Ali

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