If a patient gives a history of sexual abuse/rape, are you as a Doctor legally bound to inform the police?

If a patient gives a history of sexual abuse/rape, are you as a Doctor legally bound to inform the police?

[1] It is not mandatory for the doctor to report it to the police.

[2] Section 39 of Criminal Penal Code lists the offences which HAVE to be notified to the police if you are aware of the offence , and if you don’t, you yourself can face punishment.

[3] Rape, or sexual abuse are NOT a listed under Section 39 of CrPC.

[4] You can encourage the patient to file a police case, but if the patient does not want to, you have to respect their choice.

[5] Because you have the duty to maintain confidentiality, you cannot notify the police unless the patient gives you permission to do so.

[6] Notifying the police of rape or sexual abuse against the wishes of the patient, even for noble intentions, can be deemed to be a breach of patient confidentiality.

[7] However, in some cases, such as cases involving minors, the doctor may be required to report the incident to the authorities, regardless of the victim's wishes.

[8] If a victim of rape seeks medical attention, the doctor is required to provide a medical examination and document any injuries sustained, as well as collect forensic evidence such as DNA samples, or refer them to a centre that does it.

[9] If the victim chooses to file a complaint with the police, the doctor's medical report and forensic evidence can be used as evidence in the investigation.

[10] It is essential for doctors to be aware of the legal and ethical implications of reporting cases of rape or sexual assault, and to provide their patients with appropriate medical care and support.

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