Police overreach in medical negligence inquiries: Karnataka High Court defines the boundaries

Karnataka High Court quashes police notices seeking medical records, CCTV footage and OT equipment during an inquiry into a patient’s death

A hospital received six notices from the police enquiring into a patient’s death. The police officer’s “unusual enthusiasm” was evident as he sought medical records, CCTV footage, a video recording of the procedure, and even the physical production of OT machines at the police station. More than 10 women staff members, including nurses and the gynaecologist, were called to the police station. 

In a precedent-setting judgment, the Karnataka High Court drew a clear line between preliminary inquests and full-fledged criminal investigations, especially when healthcare facilities are involved. In Dr. Vinuta B & Anr. v. State of Karnataka & Ors., Justice M. Nagaprasanna quashed all the notices issued by the police against Cloudnine Hospital (operated by Kids Clinic India Limited) and its clinical team, ruling that routine unnatural death inquiries cannot paralyse healthcare institutions or devolve into administrative harassment.

The matter arose following the death of a 29-year-old patient who suffered unexpected intra-operative complications during a routine hysteroscopic polypectomy on May 20, 2026. Despite immediate resuscitation and transfer to a tertiary centre, the patient passed away. The hospital promptly informed the police, leading to the registration of an Unnatural Death Report (UDR) under Section 194(3)(iv) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Although the hospital complied with early requisitions by submitting inpatient charts, CCTV footage from the premises, and an unedited 36-minute video recording of the surgery, the police continued to escalate their demands. The investigating officer issued notices under Section 94 of the BNSS, demanding the physical handover of operating theatre (OT) equipment, the anaesthesia workstation, and real-time digital monitoring logs.

The High Court reiterated the settled law laid down by the Supreme Court that such a roving enquiry is impermissible. The court observed that a hospital’s operations must not be hindered. Demanding the physical surrender of active OT machinery threatens patient safety and paralyses essential medical services for countless other patients. The court further observed that complex evaluations of medical equipment and clinical judgement fall within the expert domain of statutory bodies like the Karnataka Medical Council, not local police stations.

This judgment serves as a vital safeguard for the healthcare ecosystem, protecting medical practitioners and infrastructure from arbitrary intimidation while reinforcing lawful, expert-led scrutiny.

 

Source:

https://indianexpress.com/article/legal-news/karnataka-hc-cloudnine-hospital-police-notices-unnatural-death-probe-10826913/

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