Hospital Bill Error Not Criminal Offences – Supreme Court
SC – Mere mistake or discrepancy in the hospital bill, when corrected and refund was offered and in the absence of dishonest intention or entrustment, does not constitute the offences of cheating, criminal breach of trust or conspiracy. Such disputes are civil or regulatory in nature and criminal prosecution amounts to abuse of process.
The criminal complaint was in respect of medical bill for the treatment of mother of the complainant. After the payment of the hospital bill, the complainant found discrepancies and therefore, sought records. As a result, the hospital issued the revised bill and sought to refund Rs.2,500/- on the ground that although HRTC Test bill was included in the earlier bill, the said test was not actually conducted.
The complaint was, therefore, filed for the offences under Sections 406, 420 and 120B of the IPC read with Section 34 of of the West Bengal Clinical Page 3 of 14 Establishments (Registration, Regulation and Transparency) Act, 2017 (“2017 Act”).
Furthermore, upon mistake being pointed out, the hospital had offered to refund the amount wrongly charged. Thus, in the absence of entrustment, dishonest misappropriation, or violation of a fiduciary obligation, foundational ingredients of the offence of criminal breach of trust as enshrined in Section 405, IPC are not satisfied.
The discrepancy in billing appears to be more of an inadvertence, than a case of dishonest intention on part of the hospital. We are of the opinion that the allegation of cheating is completely misplaced.
Judgment dated 12.5.2026 of the Supreme Court of India in SLP (Criminal) Nos.10379-10380 of 2023 of Narayana Health and others Vs. The State of West Bengal and others
