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13Informed Consent

Dr. S. Balagopal v. State of Tamil Nadu & Anr.

Supreme Court of India20262026 INSC 319

Court

SC

Year

2026

Category

Informed Consent

Compensation

Criminal proceedings against the doctor quashed

Background

A pediatric surgeon performed an orchidectomy on a child with an undescended testis. The father alleged consent was given only for orchidopexy and that the doctor forged the consent form by later inserting 'orchidectomy'. A medical board found the removed testis was dysplastic, making orchidectomy the correct preventive measure against malignancy.

The Legal Question

Whether criminal proceedings against the doctor for alleged forgery of the consent form and negligence should be quashed under Section 482 of the Cr.P.C., even though tampering is typically a question of fact for trial.

The Court's Decision

The Supreme Court allowed the appeal and quashed the criminal proceedings, holding that the procedure was a valid alternative and there was no material evidence of interpolation on the consent form.

Principle Established

The High Court's power under Section 482 Cr.P.C. to consider questions of fact is not absolutely barred, particularly when necessary to prevent abuse of process and secure the ends of justice.

Relevant Legal Provisions

Code of Criminal Procedure, 1973 (Section 482)Indian Penal Code, 1860 (Sections 336, 201, 465, 471)
Practical Impact

What This Means for Your Practice

    Ensure consent forms explicitly state all possible alternative procedures that might be intra-operatively necessary.

    Independent medical board opinions carry significant weight in negating allegations of medical negligence or malafide intent.

    Doctors are protected from malicious criminal prosecution if their actions are medically justified and documented properly.

Disclaimer: The case summary, legal analysis, and practical notes on this page are for educational purposes only and do not constitute legal advice. The original PDF is sourced from public Indian court records. MedicoLegalAid does not claim ownership of the original judgement.

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