Indian Medical Association Challenges Bharatiya Nyaya Sanhita on Medical Negligence

The Indian Medical Association (IMA) has raised concerns over the Bharatiya Nyaya Sanhita (BNS) and its provisions for medical negligence. Official sources clarified that there is no change in punishment under the new law. The IMA is advocating for the removal of Section 106(1) and better protection under Section 26, urging the government for more robust legal protection for doctors against criminal prosecution.

The Indian Medical Association (IMA) has raised concerns over the Bharatiya Nyaya Sanhita (BNS) and its provisions addressing medical negligence. Official sources asserted that there is no change in punishment for causing death by negligence under the new law.

The controversy arises from Section 106(1) of BNS, which mandates a two-year imprisonment for medical practitioners convicted of causing death by negligence during medical procedures. Comparatively, this is unchanged from the previous Indian Penal Code (IPC), which had similar provisions under Section 304A. Initially, BNS proposed up to five years of imprisonment and a fine, but this was amended after representations from medical practitioners.

The IMA has called upon the government, and has written to Prime Minister Narendra Modi, to invoke protective provisions under Section 26 of the BNS in cases of alleged medical negligence. Union Home Minister Amit Shah has stated that death by medical treatment is not equivalent to murder, and the new legislation reflects this stance. Additionally, the IMA emphasized the urgent need for a central law against violence on doctors and hospitals, which remains pending in Parliament.

(With inputs from agencies.)