Police or court asks for patient records: what a doctor must do Written order first, copies within 72 hours, originals only when the order says so, and a log of every request.

Hand patient records to the police only against a written order, and to a court only on a summons or order. Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the provision that lets a court summon, or an officer in charge of a police station order in writing, the production of a document; it does not cover a verbal request at the counter. Once a proper order arrives, regulation 1.3.2 of the 2002 conduct regulations treats a legal authority's request like a patient's: acknowledge it and issue the documents within 72 hours. Give copies unless the order asks for originals, give only what is asked for, and log every request.

Medico-legal cases, where the clinic itself must inform the police, are a separate duty covered in medico-legal case in OPD. A patient's own request is covered in a patient wants their medical records.

What do the conduct regulations allow?

Two clauses pull in opposite directions, and both apply. Regulation 1.3.2 is the duty to supply: "If any request is made for medical records either by the patients / authorised attendant or legal authorities involved, the same may be duly acknowledged and documents shall be issued within the period of 72 hours." Regulation 7.14 is the duty to keep quiet:

The registered medical practitioner shall not disclose the secrets of a patient that have been learnt in the exercise of his / her profession except – i) in a court of law under orders of the Presiding Judge; ii) in circumstances where there is a serious and identified risk to a specific person and / or community; and iii) notifiable diseases.

Regulation 2.2 adds the general rule that confidences "should never be revealed unless their revelation is required by the laws of the State". Read together: a court order fits 7.14(i); a written police order under a statute such as BNSS section 94 is a revelation "required by the laws of the State" under 2.2; a phone call or a request without paper is neither. Regulation 7.14 also says that for communicable or notifiable diseases, "concerned public health authorities should be informed immediately".

What does BNSS section 94 say?

Whenever any Court or any officer in charge of a police station considers that the production of any document, electronic communication, including communication devices, which is likely to contain digital evidence or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita by or before such Court or officer, such Court may issue a summons or such officer may, by a written order, either in physical form or in electronic form, require the person in whose possession or power such document or thing is believed to be, to attend and produce it, or to produce it, at the time and place stated in the summons or order.

Four details matter at the desk. The power belongs to a court or an "officer in charge of a police station", not to any officer. The police route is "a written order", which may be on paper or electronic, such as an email from an official address. The order names a time and a place. And section 94(2) says a person "required under this section merely to produce a document" complies "if he causes such document or thing to be produced instead of attending personally". If the court wants you to give evidence as a witness, the summons will say so; that is a different thing from producing records.

Does the DPDP Act stop you from sharing with police?

No. Once in force, section 17(1) of the DPDP Act, 2023 disapplies most of Chapter II, except sections 8(1) and 8(5), where processing is "by any court or tribunal" in the performance of a judicial function, or "in the interest of prevention, detection, investigation or prosecution of any offence". Section 11(2) says the patient's right to know with whom their data was shared does not extend to sharing with another body "authorised by law to obtain such personal data, where such sharing is pursuant to a request made in writing" for preventing, detecting or investigating offences. Both point back to a written request. The security duty in section 8(5) still applies to how you send it.

What if the records are in software?

A printout is fine for most police requests. When the records go before a court as evidence, section 63 of the Bharatiya Sakshya Adhiniyam, 2023 requires a certificate with the electronic record, in the form set out in the Schedule to that Act: Part A filled by the party, Part B by an expert, with device details and the hash value of the record. If you are summoned to produce records held in software, tell the lawyer or court officer, and keep the exported file whose hash you would certify. More in are electronic medical records legally valid.

Step by step when a request arrives

1. Ask for the order in writing. A summons from a court, or a written order (paper or electronic) from the officer in charge of the police station. Take a photocopy or save the email.
2. Check what it asks for: whose records, which dates, which documents, copies or originals, by when and where.
3. Acknowledge receipt the same day in writing, with the date and time. Regulation 1.3.2 asks for acknowledgement as well as issue.
4. Prepare copies of only what is named. Do not add unrelated visits or other family members' files.
5. Hand over within 72 hours, or by the time in the order if later. Take a signed receipt listing each document and its page count.
6. Give originals only if the order asks for them, and keep a full copy before they leave.
7. Note on the patient's file what was given, to whom, under which order, and when.
8. Tell the patient where it is safe and lawful to do so. Do not tip off anyone if the order or the officer says the matter is confidential.
9. Refuse politely, and say why, if the request is verbal, from an officer not named in section 94, or from an insurer, employer or lawyer without the patient's written authorisation or a court order.

Keep a register of every records request