New Delhi: The concerns raised by the Indian Medical Association over Bharatiya Nyaya Sanhita are insubstantial and there is no change in the punishment for causing death by negligence, official sources said on Tuesday.
The clarifications came amid some media reports claiming that the IMA will hold protests against Article 106(1) of BNS, the new criminal law.
The article states that negligent death caused by a registered doctor while performing a medical procedure will be punished with a two-year fine, sources said.
"It is clarified that causing death by negligence by any person (including doctors) was punishable with imprisonment up to two years or fine under section 304A of the Indian Penal Code (IPC). When the Bill to replace CPI with Bharatiya Nyaya Sanhita, 2023 (BNS) was introduced in Lok Sabha in December 2023, death caused by negligence was punishable with imprisonment up to five years and fine under section 106( 1) of BNS, 2023," said an official source.
The statements were received from doctors and the said section 106 (1) of BNS, 2023 was amended to state that if such act of negligence is committed by registered doctors while performing a medical procedure, they will be punished with imprisonment of up to two years. and good.
"It can be seen that the punishment for causing death by negligence of doctors is even now a prison sentence of up to two years," the source said.
The IMA recently wrote to Prime Minister Narendra Modi highlighting that there is no criminal intent (mens rea) on the part of the doctor while treating a patient and that there is no negligence attracting criminal proceedings and demanded that an investigating officer should invoke the protective provision under Article 26 of the BNS in cases of alleged criminal medical negligence.
"Union Home Minister Amit Shah ji acknowledged on the floor of Parliament that death during treatment is not murder. The new SNB legislation brought by his government reflects this aspect in section 26.
"The IMA kindly requests the government that the investigating officer may invoke this provision in cases of alleged medical negligence. In rarer cases that may be considered reckless, the investigating officer may prefer the case to an expert committee for its opinion," said the IMA. he said in the recently sent letter.
IMA President Dr R V Asokan said that Section 26 of the BNS clearly states that doctors fall outside the ambit of criminal law and demanded that the provision of Section 106(1) be removed so that doctors are exempt from criminal prosecution.
“Currently, the police charge doctors under section 106(1) in cases of alleged criminal medical negligence and do not follow the provisions of section 26. An offense necessarily has to have criminal intent.
"In the absence of mens rea, doctors can only be held liable under civil law (Torts Act). Accordingly, the IMA is committed to working to exempt doctors from criminal prosecution," Dr Asokan said.
The IMA, in its letter to the Prime Minister, also highlighted that the country's doctors, however, are going through difficult times in the practice of the profession and that an atmosphere of fear and mistrust reigns in hospitals. Violence against doctors and hospitals has reached epidemic proportions and is a "national shame," he said.
"His government has initiated a bill on violence against doctors and hospitals. It was even submitted for public comments.
"However, the bill is yet to be introduced in Parliament. His government also protected doctors during senseless violence during Covid by amending the Epidemic Diseases Act, 1897.
"A central law in the statute on attacks on doctors and hospitals will have a deterrent effect and strengthen the outgoing state legislations in 23 states. Despite numerous violent incidents, there has hardly been any conviction," the IMA letter states.
The clarifications came amid some media reports claiming that the IMA will hold protests against Article 106(1) of BNS, the new criminal law.
The article states that negligent death caused by a registered doctor while performing a medical procedure will be punished with a two-year fine, sources said.
"It is clarified that causing death by negligence by any person (including doctors) was punishable with imprisonment up to two years or fine under section 304A of the Indian Penal Code (IPC). When the Bill to replace CPI with Bharatiya Nyaya Sanhita, 2023 (BNS) was introduced in Lok Sabha in December 2023, death caused by negligence was punishable with imprisonment up to five years and fine under section 106( 1) of BNS, 2023," said an official source.
The statements were received from doctors and the said section 106 (1) of BNS, 2023 was amended to state that if such act of negligence is committed by registered doctors while performing a medical procedure, they will be punished with imprisonment of up to two years. and good.
"It can be seen that the punishment for causing death by negligence of doctors is even now a prison sentence of up to two years," the source said.
The IMA recently wrote to Prime Minister Narendra Modi highlighting that there is no criminal intent (mens rea) on the part of the doctor while treating a patient and that there is no negligence attracting criminal proceedings and demanded that an investigating officer should invoke the protective provision under Article 26 of the BNS in cases of alleged criminal medical negligence.
"Union Home Minister Amit Shah ji acknowledged on the floor of Parliament that death during treatment is not murder. The new SNB legislation brought by his government reflects this aspect in section 26.
"The IMA kindly requests the government that the investigating officer may invoke this provision in cases of alleged medical negligence. In rarer cases that may be considered reckless, the investigating officer may prefer the case to an expert committee for its opinion," said the IMA. he said in the recently sent letter.
IMA President Dr R V Asokan said that Section 26 of the BNS clearly states that doctors fall outside the ambit of criminal law and demanded that the provision of Section 106(1) be removed so that doctors are exempt from criminal prosecution.
“Currently, the police charge doctors under section 106(1) in cases of alleged criminal medical negligence and do not follow the provisions of section 26. An offense necessarily has to have criminal intent.
"In the absence of mens rea, doctors can only be held liable under civil law (Torts Act). Accordingly, the IMA is committed to working to exempt doctors from criminal prosecution," Dr Asokan said.
The IMA, in its letter to the Prime Minister, also highlighted that the country's doctors, however, are going through difficult times in the practice of the profession and that an atmosphere of fear and mistrust reigns in hospitals. Violence against doctors and hospitals has reached epidemic proportions and is a "national shame," he said.
"His government has initiated a bill on violence against doctors and hospitals. It was even submitted for public comments.
"However, the bill is yet to be introduced in Parliament. His government also protected doctors during senseless violence during Covid by amending the Epidemic Diseases Act, 1897.
"A central law in the statute on attacks on doctors and hospitals will have a deterrent effect and strengthen the outgoing state legislations in 23 states. Despite numerous violent incidents, there has hardly been any conviction," the IMA letter states.
