Cuttack, April 2025: In a landmark judgment, the Orissa High Court has ruled that criminal charges cannot be imposed on doctors simply for prescribing costlier branded medicines instead of cheaper generic alternatives. The decision comes as a relief to the medical fraternity and reinforces the importance of respecting clinical autonomy.
The court made this observation while quashing an FIR filed against a doctor under Section 420 of the Indian Penal Code (IPC), which deals with cheating. The FIR was registered following a patient’s complaint that the doctor had prescribed an expensive branded drug instead of a more affordable one.
Case Background
The complaint alleged that the doctor’s choice of a costlier medicine caused unnecessary financial burden and constituted cheating. Acting on the complaint, local police registered an FIR without seeking expert medical opinion.
The doctor challenged the FIR in the Orissa High Court, stating that the medicine prescribed was a legitimate and approved option, and that his decision was based on clinical assessment and patient need—not any intent to deceive.
Court’s Verdict
Justice Sashikanta Mishra, while delivering the verdict, remarked:
“Merely because a costlier medicine has been prescribed, it cannot be said that a criminal offence has been committed.”
The court noted that doctors often have to choose from multiple therapeutic options based on their professional expertise, and such medical decisions cannot be subjected to criminal prosecution unless there is clear evidence of dishonest intent.
Criticism of Police Action
The court strongly criticized the police for registering the FIR without conducting proper investigation or consulting medical professionals. It held that police cannot arbitrarily criminalize medical prescriptions, particularly when the medication is approved and the treatment is medically justified.
FIR Quashed
The High Court quashed the FIR, stating that no ingredients of criminal cheating under IPC Section 420 were met in this case.
“The petitioner has exercised professional discretion. No offence is made out to justify criminal prosecution,” the court concluded.
Impact on Medical Community
This ruling is being hailed as a crucial precedent that protects doctors from legal harassment over treatment choices. It reaffirms that prescription decisions must be judged medically, not legally, unless accompanied by proven intent to deceive or cause harm.
Doctors across the country have welcomed the verdict, emphasizing that it will safeguard the clinical independence necessary for patient care.
Key Points:
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Orissa High Court quashes cheating FIR against doctor.
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Costlier medicine prescription not a criminal act without proof of fraud.
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Police criticized for registering FIR without expert consultation.
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Verdict supports medical professionals’ right to exercise clinical judgment.
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