

The Allahabad High Court has quashed a criminal case filed against a doctor over the failure of an In Vitro Fertilisation (IVF) treatment. The court observed that the failure of fertility treatment cannot, by itself, be considered cheating. Justice Chavan Prakash emphasized that medical science is not always precise and that the outcome of a treatment depends on several factors, including the physical condition of the patient.
The court clarified that Section 420 of the Indian Penal Code, which deals with cheating, can be invoked only when there is evidence of a dishonest intention from the very beginning. A doctor cannot be held criminally liable merely because a medical procedure did not produce the expected results. The ruling highlights the distinction between an unsuccessful medical treatment and an act of deliberate fraud.















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