Chakradhari Sharan Singh, J.—Dealing with criminal prosecution of a medical professional for an act done in discharge of his professional obligation, the Supreme Court, in its oft quoted decision in the case of Jacob Mathew v. State of Punjab and Another, reported in (2005) 6 SCC 1, made following observation of immense significance:-

“29. If the hands be trembling with the dangling fear of facing a criminal prosecution in the event of failure for whatever reason--whether attributable to himself or not, neither a surgeon can successfully wield his life-saving scalper to perform an essential surgery, nor can a physician successfully administer the life-saving dose of medicine. Discretion being better part of valour, a medical professional would feel better advised to leave a terminal patient to his own fate in the case of emergency where the chance of success may be 10% (or so), rather than taking the risk of making a last ditch effort towards saving the subject and facing a criminal prosecution if his effort fails. Such timidity forced upon a doctor would be a disservice to the society.”

2. Chapter IV of the Indian Penal Code lays down exceptions and Section 88 of the Indi