Under BNS, docs not exempt from jail for death due to negligence

Aksheev Thakur

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New Delhi, December 25

The Bharatiya Nyaya Sanhita (BNS) that seeks to replace the 1860 Indian Penal Code (IPC) does not exempt doctors in cases of death due to medical negligence and instead prescribes two years of imprisonment.

While Home Minister Amit Shah had said in the Lok Sabha doctors would be excluded from criminal prosecution for death due to medical negligence in BNS, it prescribes lesser punishment for the medical practitioners.

Ensure no criminal liability

Doctors have no criminal intent while treating a patient. I hope HM’s speech in LS on freeing doctors from criminal liability in cases of death due to negligence is put to reality. —Dr Sharad Kumar Agarwal, National president, IMA

The amended Section 106 (1) of the BNS says: “Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.” Cases for medical negligence, till now, were being registered under Section 304A of the IPC that stipulated fine or two years of imprisonment or both. BNS retains the same punishment for doctors. Moreover, the offence will be bailable.

Under the BNS, there is a clause of 10 years of imprisonment where the person at fault causes death due to rash driving and flees the spot without informing the police. The offence will be non-bailable. Speaking with The Tribune, Dr Sharad Kumar Agarwal, national president, Indian Medical Association, said: “We have been arguing that doctors have no criminal intent while treating a patient. We welcome the words of Home Minister made in the LS. I hope the speech made by the minister on freeing doctors from criminal liability in cases of death due to negligence is put to reality.”

A senior IMA member said: “The fight is not over yet. We are seeking complete decriminalisation of the profession. However, it is welcome that for the first time, the government has recognised that deaths from medical negligence cannot be equated with deaths from negligence in other situations.”

Dr Jagadish Hiremath, vice-president of IMA Anekal in Bengaluru, stated the BNS marked a progressive step. “This move rightly distinguishes between criminal negligence and genuine errors or unavoidable outcomes in medical procedures. By setting a more balanced legal precedent, it ensures healthcare professionals are not unjustly criminalised for unintended consequences in their line of duty. This is especially pertinent in today’s high-pressure healthcare environment,” he added.