Medical Negligence and INDIAN NEW Law( BNS)

Medical Negligence and Law

What doctors gained by new law – BNS
Is it the right time to celebrate?
Is the Decriminalisation of the medical profession done?

In IPC sec 304 a is applicable for doctors which describes punishment in form of
1.Imprisonment for 2 years
2.Fine only
3.Imprisonment for 2 years and fine both.

But in Resent BNS
For medical negligence BNS sec 106(1) is applicable which describes punishment in form of—
1.Imprisonment for two years and fine .

IPC 304A
“Causing death by negligence.–Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

BNS 2023
Causing death by negligence

106. (1) Whoever causes death of any person by doing any rash or negligent act not
     amounting to culpable homicide, shall be punished with imprisonment of either description
     for a term which may extend to five years, and shall also be liable to fine.

AMENDMENT in sec 106 of BNS
“and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine” — to clause 106(1) that deals with “causing death by negligence”.

Explanation.-For the purposes of this sub-section, “registered medical practitioner”
means a medical practitioner who possesses any medical qualification recognised under the
National Medical Commission Act, 2019 and whose name has been entered in the National
Medical Register or a State Medical Register under that Act.
So think about this.
Are doctors really saved?
Now what supersede?
Amended Law or Supreme Court verdicts?
Does SC give attention to precedents in future ?
Think, deeply Think and React.

Dr Manju Rathi
MBBS MD LLB LLM