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Martin D'Souza safeguard

The procedural protection from Martin D'Souza v. Mohd. Ishfaq (2009) 3 SCC 1 requiring that before registering a criminal case against a doctor under IPC § 304A (now BNS § 106), the investigating officer must obtain a prima facie opinion from a competent medical authority or medical board. Failure to do so renders the registration an abuse of process.

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Related terms

BNS § 106Bolam testBolitho qualificationHelling v. Carey (1974)Jacob Mathew testMontgomery v. Lanarkshire (2015)NMC (India)

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