Union Home Minister Amit Shah has unveiled plans to introduce a crucial amendment to the criminal law bill, with the aim of providing legal protection to doctors facing criminal prosecution in cases of death resulting from medical negligence. This significant announcement has garnered immediate support from medical professionals and various medical associations, particularly the Indian Medical Association (IMA), which had been actively advocating for the decriminalization of medical negligence deaths.
The development unfolded as the Lok Sabha successfully passed three key criminal law bills. These bills include the Bharatiya Nyaya (Second) Sanhita, intended to replace the existing Indian Penal Code (IPC); the Bharatiya Nagarik Suraksha (Second) Sanhita, designed to replace the Code of Criminal Procedure; and the Bharatiya Sakshya (second) Sanhita, which aims to replace the Indian Evidence Act.
During the debate, Minister Amit Shah highlighted the current legal treatment of deaths resulting from medical negligence, stating that under the present framework, such cases are treated as criminal negligence, almost akin to murder. To address this, he announced the forthcoming official amendment that would exempt doctors from criminal prosecution in such instances.
Shah acknowledged the proactive stance of the Indian Medical Association, which had urged the government to reconsider the criminalization of medical negligence deaths. The existing legal framework handles cases of criminal negligence under IPC 304 A, specifically addressing death caused by negligence. This section stipulates that an individual causing another person’s death through a rash or negligent act not amounting to culpable homicide can face imprisonment for up to two years, a fine, or both.
The announcement by Amit Shah was met with immediate appreciation from the medical community, with the IMA, representing over 3 lakh doctors across the country, extending thanks to Prime Minister Narendra Modi and Shah for embracing their proposal. In a letter dated November 30, the IMA had formally requested the government to exempt professional medical practice from criminal prosecution.
The Federation of All India Medical Association (FAIMA) national chairman, Dr. Rohan Krishnan, expressed gratitude on social media, emphasizing the pivotal shift in medical jurisprudence. The Federation of Resident Doctors’ Association also acknowledged the positive step, noting the official decriminalization of medical negligence by doctors. Similarly, the Association of Indian Medicos (AIM) celebrated the development as a significant day for the entire medical fraternity.
This report first appeared in Times of India.