 law, which imposes stricter penalties for medical negligence. This new law mandates a fine and a five-year jail term for negligent acts that do not amount to culpable homicide, compared to the previous two-year jail term under the Indian Penal Code (IPC).){kind=link}
On National Doctors’ Day, doctors across India protested a new section in the Bharatiya Nyaya Sanhita (BNS) law, which imposes stricter penalties for medical negligence. This new law mandates a fine and a five-year jail term for negligent acts that do not amount to culpable homicide, compared to the previous two-year jail term under the Indian Penal Code (IPC).
Doctors’ Concerns and Reactions
Dr. Arun Gupta, President of the Delhi Medical Council, noted that the new law specifically includes medical professionals and mandates jail time for negligence. He expressed concern that this will deter doctors from treating critically ill patients due to the fear of legal repercussions.
Dr. R.V. Asokan, National President of the Indian Medical Association (IMA), emphasized that doctors should be exempt from this law as their actions lack criminal intent. Despite promises from government officials that the new law would provide relief to medical professionals, the penalties have actually increased.
Impact on Medical Practice
Kerala-based Dr. K.V. Babu described Doctors’ Day 2024 as somber, highlighting that many doctors sacrificed their lives during the COVID pandemic. He criticized the new law as a harsh “gift” from the government. Dr. Rohan Krishnan, FAIMA national chairman, expressed frustration that the government did not deliver on its promises, and warned that the law could be misused against doctors.
Legal and Professional Implications
Dr. Rajeev Jayadevan, past president of IMA, Cochin, explained that medical practice inherently involves risks, and excessive fear of punishment may drive doctors away from high-risk specialties. Dr. Dhruv Chauhan, national council coordinator of IMA-Junior Doctors Network (IMA-JDN), noted that the new law adds to the stress of doctors working in critical care.
Call for Clarification and Protection
Dr. Asokan suggested that the government should clarify the provisions under Sections 26 and 106 of the BNS to guide investigating officers. He recommended that action should only be taken when there is clear evidence of gross negligence, and cases should only be registered after obtaining an expert opinion from a state medical team.
Under the IPC, Section 304 A punished negligent acts causing death with up to two years of imprisonment or a fine. The new BNS law, under Section 106 (1), increases this to a mandatory five-year imprisonment and a fine. It also defines a “Registered medical practitioner” as someone with a recognized medical qualification listed in the National Medical Register or a State Medical Register under the National Medical Commission Act 2019.
The new BNS law has sparked significant concern among medical professionals, who fear it will hinder their ability to provide critical care without the looming threat of severe legal consequences.
Courtesy : The New Indian Express