Question: Is it legal to arrest a doctor accused of negligence without an investigation by the Medical Council? If NOT, what legal action can be taken against the administration who ordered to arrest of the doctor? Answer: It is legal to arrest a doctor accused of prima facie negligence as the government has power under Jacob Mathew case. Supreme Court has stated that doctor can be arrested if there is a suspicion that he may flee or tamper with evidence.
Normally, bail is given in police station itself in Section 304 A IPC but it is not a legal right. Bail can be denied citing various reasons. Share your views.
