Production of documents to get medical dox hidden by sil

according to MTP laws its very confidential so u will not access to the papers as Adv.Rajeev said u have to the police .

@ Payal,

1. Law clearly mandates that the medical records of the patient are the property of the doctor/hospital and not of the patient / third party. The patient merely has two rights and nothing further - right to inspect his/her medical records after taking permission from the hospital/doctor and right to get copies.

2. We don’t know if there any civil / criminal case pending where such medical records call for are required by your side. However if a civil case is there then use S. 75 (e) R/w S. 151 (omnibus) of CPC to call for medical records from concerned hospital / nursing home / clinic. if criminal case is pending then using S. 91 (1) CrPC for production of documents from concerned hospital / nursing home / clinic.

3. From your query it is not established that the original document is available with the proposed accused and as the proposed accused is not legally bound to produce the document, no notice could be issued to the proposed accused under S. 66 of the Indian Evidence Act.

4. Further more from query it looks you have some special knowledge of incidences happening and or may have Xerox copies in your possession then the Xerox copy of the document cannot be marked under S. 65 of the Indian Evidence Act.

5. Lastly I observed in your query no time-line stated. To be known that in-patient records normally are kept for minimum 5 years and out-patient records say for 3 years. Now see when your SIL had that alleged abortion and do you have a case in hand?

So unless your facts are clear I will take refuge behind para 2 as safe reply on your presented (so far) facts for the time being as help to your query.

@ Ashok,

What is your take on MRD; care to enlighten generic readers

- Bhore's Committee

- Mudaliar Committee

- Jain & Rao Committee