No change in penalty for medical negligence: Govt : The Tribune India

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No change in penalty for medical negligence: Govt

Clarification amid campaign by IMA

No change in penalty for medical negligence: Govt

Picture for representational purpose only.



Tribune News Service

New Delhi, July 9

The Centre on Tuesday clarified that there is no change in the quantum of punishment for causing death by medical negligence under the Bharatiya Nyaya Sanhita (BNS). The clarification comes amid a month-long nationwide campaign launched by the Indian Medical Association (IMA).

The IMA has announced that it has launched a campaign to stop criminal prosecution of doctors and violence against doctors. It said it would stage protests against Section 106(1) of the BNS. The Section, according to the IMA, provides that a medical practitioner, if found guilty of causing death due to medical negligence, will be jailed for five years, besides being fined.

“There have been some media reports stating that the IMA will hold protests against Section 106(1) of the BNS. The section states that death by negligence caused by a registered medical practitioner while performing a medical procedure shall be punishable for two years with a fine,” the Health Ministry said.

“It is clarified that causing death by negligence by any person (including medical practitioners) was punishable with imprisonment up to 2 years or fine under Section 304A of the IPC. When the Bill to replace the IPC with the BNS was introduced in the Lok Sabha in December 2023, the death caused by negligence was made punishable with imprisonment up to 5 years and fine under Section 106(1) of the BNS. Representations were received from medical practitioners and the said section was amended to provide for 2-year imprisonment and fine in such cases,” the Centre added.

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