If somebody forcibly admitted healthy & adult person into hospital without any reason or illness. Can FIR registered against them who are kidnapper?
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 17 January 2022
intentionally used force to a person ; and if he has done so without consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to that person, it is criminal offence undre IPC.
Aryan Raj 17 January 2022
In response to your query,
Adults usually have the right to decide whether to go to the hospital or stay at the hospital. But if they are a danger to themselves or to other people because of their mental state, they can be hospitalized against their will. Forced hospitalization is used only when no other options are available.
But if the person is perfectly healthy and doesn't need any medical care of such extents then he/she can file an FIR against any person who is responsible for forcing them to be hospitalized.
Megha 18 January 2022
Could you please elaborate further with regards to the statutory provisions?
Aryan Raj 18 January 2022
The persons who forcibly admitted the healthy person in the hospital will be liable under 352 IPC. Also, if the hospital refuses to release that person even if he is absolutely healthy then a plea of habeas corpus can be filed in the HC under Article 226.