Chambers of Bhuvnesh Shukla
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Complaints, Inquiries and Prosecutions that arise from medical treatment, and the compliance work that helps a practice avoid them.
An adverse outcome in treatment can be taken to several places at once. The same facts may be put before a Consumer Commission as a Claim for compensation, before the police or a Magistrate as Criminal Negligence, and before the State Medical Council as Professional Misconduct. Each forum applies a different test and moves at its own pace.
Our Chamber advises and appears in all three, and handles them together. The treatment record, the consent forms and the expert opinion sit at the centre of every such matter, and the first task is always to read them closely.
Claims for compensation under the Consumer Protection Act, 2019, before the District, State and National Commissions.
Complaints and FIRs alleging death or hurt caused by Negligence, now under the Bharatiya Nyaya Sanhita.
Complaints of Professional Misconduct before State Medical Councils and, on Appeal, the Ethics and Medical Registration Board of the National Medical Commission.
Proceedings under the statutes that regulate clinical practice.
Preventive work for practitioners and hospitals.
| Step | Time Limit | Source |
|---|---|---|
| Consumer Complaint | Two years from the Cause of Action. Delay may be condoned for sufficient cause. | Section 69, Consumer Protection Act, 2019 |
| Written Version in Reply to a Complaint | 30 days from receipt, extendable by no more than 15 days. | Section 38, Consumer Protection Act, 2019 |
| Appeal to the State Commission | 45 days from the District Commission’s Order. | Section 41, Consumer Protection Act, 2019 |
| Appeal to the National Commission | 30 days from the State Commission’s Order. | Section 51, Consumer Protection Act, 2019 |
Stated generally. Time limits turn on the facts and on the amendments in force; take advice on your own dates.
Arrest is not meant to be routine. In Jacob Mathew v. State of Punjab (2005), the Supreme Court directed that a doctor should not be arrested merely because a charge of Negligence has been made, unless Arrest is needed to further the Investigation or the doctor is unlikely to face Prosecution otherwise. The Investigating Officer should first obtain an independent medical opinion, preferably from a doctor in government service.
A Consumer Commission asks whether the care fell below the standard of a reasonably competent practitioner in that field, and awards compensation if it did. A Criminal Court requires much more: Negligence that is gross or reckless. An error of judgment or an unsuccessful outcome is not, by itself, Negligence of either kind.
Section 106(1) of the Bharatiya Nyaya Sanhita, which replaced Section 304A of the Indian Penal Code, punishes causing death by a negligent act with imprisonment of up to five years and fine. Where the act is done by a Registered Medical Practitioner while performing a medical procedure, the maximum is two years and fine.
Yes. Since Indian Medical Association v. V.P. Shantha (1995), medical services rendered for payment are a “service” under Consumer Law, and that remains the position under the 2019 Act. Treatment that a hospital provides free of charge to every patient falls outside it.
It depends on the value of the consideration paid for the treatment, not on the compensation claimed. A Complaint starts before the District Commission at the lowest tier, and before the State or National Commission as that value rises. It may be filed where the Complainant lives or works, as well as where the doctor or hospital is located.
General information as of October 2026, not legal advice. Take advice on your own facts and dates.
To discuss a matter in this area, write to our Chamber with a brief outline.
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