Protocol for the Examination of Drunken Person
Consent of the accused for examination is necessary and it should be written informed consent
Never use rectified spirit on the skin for collection of the blood sample
The samples collected should be sealed and labeled properly and handover to the police for chemical analysis
If the accused is not in a state of giving consent or if the accused refuses to give consent
If consent is denied reasonable force can be applied for physical examination under section 53 of the Cr. P.C. If the person is incapable of giving consent by reason of unconsciousness or gross intoxication, the doctor may make an examination, take samples and give treatment as is necessary to save the life. However, he should not divulge the results of his examination until he can obtain the consent of the patient or the patient dies except when directed to do so by a court.
Opinion: (may be any one of the three)
The person has not consumed alcohol
The person has consumed alcohol but not under influence.
The person has consumed alcohol and is under influence.
1 comment:
Respected sir,
According to Sec. 90 IPC, the consent given by an insane or intoxicated person, who is unable to understand the nature and consequences of that to which he gives his consent is invalid...
so sir, what is the use of taking a consent from a drunken person ?
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