In Criminal Court usually highest crime claimed by a Patient is Death of a patient caused by   a Medical practitioner during or by Treatment and in legal term it is considered as Death by negligence not amounting to murder or IPC Section 304-A with imprisonment for 2yrs .Police or Court never Impose IPC 304 as causing Homicide but not murder with or without intention to cause death or murder as 302  or 303 except WEST BENGAL PROPOSED BILL WHICH WILL ALSO CONSIDER 304 FOR DOCTORS WHERE FINE & JAIL FOR 10YRS AWARDED.         But even in gross charge of Death by negligence,an eagerly anticipated relief has come to doctors in offence Section 304-A Indian Penal Code .The Honourable M.P. High Court has laid out guidelines to be met prior to lodging FIR and arresting doctors in such offence. This relates to the judgement of Dr. BC Jain v/s Maulana Saleem.If crime is of simple negligence where death didnot occur only disabilities or damage or some complications or loss of money or excessive charges etc then too UP HIGH COURT stated that FIR cant be lodged against Doctors or arrest or harassment of Doctors by police cant be done without following Guidelines. The guidelines laid out include: I. All negligence related allegations on part of a Government medical practitioner where prosecution under the section is sought, a Medical Board (comprising at least three doctors), including the Dean of a Government Medical College, with Police, Administration, or court request would have to be made within a week of the requisition. II. Doctors on the Medical Board determined by the Medical College Dean would not be inferior to Associate Professor role in seniority. III. An opportunity by the Board would be given to the accused doctor to provide a written explanation and an opportunity to speak personally would also be provided. If the Board finds that request for personal discussion (hearing) is towards procrastinating the outcome, it could waive this. IV. Medical Board would complete within 60 days the exercise within two months from the constitution date the enquiry and submit the report of the same to the Police, Administration, or Court. V. An FIR will not be registered by police in the absence of a Medical Board report, and then also only when the report holds prima facie the doctor guilty of gross negligence. VI. Similar treatment for u/s. 200 Cr. PC would lead to no order 156(3) Cr.P.C. without Medical Board report. However, police can be asked to probe into a case u/s. 202 Cr.P.C. if no Medical Board report accompanies the complainant. Police if Court directed can approach a Medical College Dean for constituting a Board and then place the report before the Court. VII. Medical Board opinion if shows Gross Negligence by the doctor, then the police can be directed to seek sanction u/s 197 Cr.P.C. from the state government, which would within one month from the sanction request, refuse or grant it, which would then be conveyed by the police to the Court. The concerned Court would thereafter dismiss or issue by u/s 203 Cr.P.C. or issue process u/s 204 Cr.P.C., then the matter would be tried. Though prima facie set out for government hospitals, it could end up being applicable for all Section 304-A cases.But West Bengal Government proposed Bill violates these orders in some aspects so can be challanged in the court .