Private Doctor refusing to treating a case of sexual offence and referring to govt hospital is
**Core Concept**
Private doctors have a duty to provide medical care to patients, including those who have been victims of sexual offenses. Section 166B of the Indian Penal Code (IPC) specifically addresses the failure of public servants, including doctors, to provide medical treatment when it is urgently required.
**Why the Correct Answer is Right**
Section 166B IPC states that whoever, being in public service, with the intention to cause or knowing it to be likely that he will thereby cause, failure or neglect to provide medical benefit or aid or other assistance to a person who is, or whom he has reasonable cause to believe to be, in any danger of death or grievous hurt, shall be punished. This includes doctors who have a duty to provide medical care, even if it is inconvenient or difficult. In the case of a sexual offense, the victim may require urgent medical attention, and a doctor's refusal to treat them can be considered a violation of this duty.
**Why Each Wrong Option is Incorrect**
**Option A:** Not an offence - This is incorrect because a doctor's refusal to treat a patient in need of urgent medical care, including victims of sexual offenses, can be considered a failure to provide medical benefit or aid, which is punishable under Section 166B IPC.
**Option C:** Punishable under 357 (c) Cr P C - This is incorrect because Section 357 CrPC deals with the compensation to be paid to the victims of certain offenses, not the failure to provide medical treatment. While compensation may be relevant in cases of sexual offenses, it does not relate to a doctor's duty to provide medical care.
**Option D:** Punishable under 327 (c) Cr P C - This is incorrect because Section 327 CrPC deals with the procedure for medical examination of victims of certain offenses, not the failure to provide medical treatment. While a medical examination may be necessary in cases of sexual offenses, a doctor's refusal to treat the victim is a separate issue.
**Clinical Pearl / High-Yield Fact**
A doctor's duty to provide medical care is not limited to treating the physical symptoms of a condition, but also includes providing emotional support and care to the patient. In cases of sexual offenses, this may involve providing counseling, support, and medical treatment to help the victim recover from their trauma.
**β Correct Answer: B. Punishable under 166 B IPC**