Indian Journal of Legal Medicine

Artificial Intelligence (AI) has become important in all walks of life. It has its benefits & advantages, and at the same time, it has some risks and challenges. AI is increasingly being integrated into diverse domains of healthcare from clinical diagnosis and imaging interpretation to surgical robotics and administrative support. While AI promises precision, efficiency, and objectivity, it simultaneously introduces complex legal and ethical dilemmas. Accountability, consent, data protection, bias, and evolving standards of care are at the forefront of medicolegal debate. The absence of a comprehensive legislative or judicial framework on AI in India further compounds these challenges. This paper analyses the emerging medicolegal aspects of AI in healthcare, discusses relevant legal doctrines, and highlights the pressing need for ethical safeguards and regulatory clarity to ensure responsible deployment of AI technologies in the medical profession.

Artificial Intelligence (AI) is an evolving field of computer science dedicated to creating systems capable of performing tasks that typically require human intelligence, such as reasoning, decision-making, and perception. Since John McCarthy coined the term in 1956, AI has undergone substantial transformation, characterized by alternating periods of innovation and stagnation. The resurgence of AI since 2010, driven by enhanced computational power, affordable graphics processors, and extensive annotated data, has positioned it as a central force in global digital transformation. This research paper examines AI’s evolution, diverse applications, and implications across governance, business, and education, with special attention to India’s growing adoption landscape. Despite promising advancements in productivity and creativity, ethical challenges related to privacy, consent, and accountability persist. Comparative analysis of global regulatory frameworks including the EU AI Act, U.S. privacy laws, and China’s Administrative Measures on Generative AI provides insight into evolving governance models. The paper further explores India’s legal environment, encompassing the Information Technology Act of 2000, the Digital Data Protection Act of 2023, and national initiatives such as AIRAWAT. While India lacks an AI-specific legal structure, its policy initiatives and expanding digital infrastructure reflect strong potential for ethical AI integration. The study concludes that a balance between technological innovation, human-centric ethics, and adaptive regulation is essential for steering AI towards sustainable, inclusive, and responsible development in an increasingly data-driven world.

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The Bharatiya Nyaya Sanhita, 2023 (BNS) introduced Section 106(1) establishing a special liability regime for registered medical practitioners in cases of rash or negligent acts causing death. This article examines the interaction between Section 106(1) and the mandatory General Exceptions framework prescribed under Section 3(1) of the BNS. Through systematic statutory construction, this study demonstrates that the exception clauses under Sections 17-30 of the BNS are constitutive elements of every penal offence definition, not mere defenses. Consequently, the reduced punishment prescribed under Section 106(1) does not create absolute criminal liability for medical professionals; rather, it operates only when negligence is established beyond the protective scope of General Exceptions. The article analyzes landmark judicial principles, statutory hierarchy, and medico-legal standards to argue that competent, good-faith medical acts remain decriminalized under the BNS framework. This interpretation reconciles apparent tensions between Section 106(1) and exception clauses, providing legal clarity for registered medical practitioners and informing evidence-based policy on medical professional liability in India.

The interface between medicine and law has become increasingly critical in clinical practice. This article presents an interview-based exploration of common medicolegal concerns faced by doctors, offering practical insights into risk management, ethical obligations, and compliance strategies. Through a structured Q &A format, it highlights the importance of proactive legal awareness, medical records, informed consent, and communication in preventing disputes and maintaining patient trust. It also dwells on the Consumer Court procedures and how the defence should be strategized. The discussion also touches on the lacunae in the current law and how it could be improved to better the healthcare ecosystem. The discussion emphasizes that medicolegal literacy is not merely a defensive necessity but an essential component of professional excellence and patient-centred care.

Litigation against medical professionals has increased globally, contributing to significant psychological distress among doctors. Even the anticipationof legal action whether through consumer courts, civil or criminal proceedings, or professional regulatory bodies can evoke fear, anxiety, and impaired professional functioning. This phenomenon, referred to as litigation stress, affects clinical decision-making, job satisfaction, and overall mental health. This article examines the nature of litigation stress, identifies its key psychological andsystemiccontributors, and outlines evidence-based strategies for prevention and effective coping when litigation occurs. Emphasis is placed on medico-legal literacy, institutional support, emotional resilience, and structured response mechanisms to mitigate the adverse impact of legal stress on medical professionals.

Termination of pregnancy beyond 24 weeks remains a contested medico-legal frontier in India, where statutory ceilings under the Medical Termination of Pregnancy Act often collide with urgent ethical and clinical realities.2 The Bharatiya Nyaya Sanhita (BNS) Section 88,3 which protects acts done in good faith for the benefit of life of the mother, offers a critical interpretive safeguard for practitioners confronted with cases of severe fetal anomalies, maternal health risks, or profound psychological trauma. This paper argues for a liberal reading of Section 88, situating good faith and compassionate intent as central to the medicolegal justification for termination beyond statutory limits. By reframing Section 88 as a shield against criminal liability, the analysis harmonizes medical ethics with constitutional guarantees of dignity, autonomy, and reproductive justice. The discussion highlights judicial precedents, ethical imperatives, and policy implications, underscoring the need for courts to adopt purposive interpretations that protect both patients and practitioners. Ultimately, the paper advances a framework where law, medicine, and compassion converge to ensure that no woman or child suffers needless harm due to rigid statutory boundaries.