'IVF Failure Not Cheating': Allahabad High Court Quashes Criminal Proceedings Against Fertility Specialist
· Free Press Journal
Lucknow, November 3, 2026: The Allahabad High Court has ruled that failure of an In Vitro Fertilisation (IVF) procedure does not, by itself, amount to cheating. A criminal case under Section 420 of the Indian Penal Code (IPC) cannot be initiated merely because a medical procedure fails to deliver the desired result or an agreement is not fulfilled. The prosecution must establish that the accused had a dishonest intention from the very beginning.
Justice Chavan Prakash made the observation while quashing criminal proceedings and a summoning order against a woman fertility specialist accused of cheating a patient over an unsuccessful IVF treatment.
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Patient Alleges IVF Treatment Fraud
The case concerned IVF treatment at a hospital and fertility centre in Bulandshahr. The complainant, Jaiveer Singh, alleged that the doctor had assured him that his wife would conceive through IVF and charged Rs 3.5 lakh for the treatment.
However, his wife did not become pregnant despite undergoing the procedure. He further alleged that the doctor refused to refund the money when he demanded it.
Following this, Singh approached the court through an application under Section 156(3) of the Code of Criminal Procedure, seeking criminal action against the doctor. The trial court subsequently summoned the fertility specialist on charges of cheating.
Doctor Challenges Criminal Proceedings
Challenging the proceedings, the doctor argued that IVF treatment does not carry a guaranteed success rate and that the failure of the procedure could not be treated as evidence of fraud.
Accepting the argument, the High Court observed that medical science is not an exact science and the success of IVF depends on several physiological factors.
It noted that the amount received by the doctor was professional fees for medical treatment and could not be treated as property obtained through cheating merely because the procedure was unsuccessful.
Court Stresses Judicial Application Of Mind
The court also emphasised that a magistrate must apply judicial discretion and examine the evidence before issuing summons in a criminal case. Summoning an accused mechanically, without proper application of mind, is not justified.
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Setting aside the summoning order, the revisional court's order and the entire criminal proceedings against the doctor, the High Court held that failure of a medical procedure cannot automatically be converted into a criminal offence in the absence of evidence of dishonest intention from the outset.
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