IMA Appeals to PM Modi: Protect Doctors from Criminal Prosecution

The Indian Medical Association (IMA) has urged Prime Minister Narendra Modi to ensure that investigating officers invoke protective provisions under the Bharatiya Nyaya Sanhita in cases of alleged criminal medical negligence. IMA argues that doctors lack criminal intent in such cases and should be exempted from criminal prosecution.

The Indian Medical Association (IMA) has formally requested Prime Minister Narendra Modi to ensure that investigating officers apply protective provisions under the Bharatiya Nyaya Sanhita (BNS) in cases of alleged criminal medical negligence.

In its letter, the IMA argued that doctors form no criminal intent (mens rhea) while treating patients, thus should not attract criminal prosecution. It cited that Union Home Minister Amit Shah acknowledged in Parliament that death during treatment is not equivalent to murder.

IMA President Dr R V Asokan emphasized that Section 26 of the BNS excludes doctors from the purview of criminal law and urged for the deletion of Section 106.1 to avert their criminal prosecution.

The IMA lamented the tough times doctors face due to fear and mistrust in hospitals, highlighting the epidemic proportions of violence against doctors and hospitals as a 'national shame.'

The organization requested a central law to curb violence against doctors and hospitals, citing the need for robust legislation given the numerous violent incidents and the ineffective state laws in place.

(Disclaimer: With inputs from agencies.)