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New Delhi : In response to a request from the Indian Medical Association (IMA), the Central government successfully introduced an amendment to the Bharatiya Nyaya (second) Sanhita (BNS) Bill, addressing concerns regarding the punishment of doctors for negligent acts. The Lok Sabha passed the amendment on Wednesday, reflecting a pivotal development in the ongoing discourse surrounding the legal repercussions faced by medical practitioners.
The focal point of the amendment to the BNS Bill lies in the reduction of the prison term for doctors implicated in cases where a patient’s death results from a negligent act. Home Minister Amit Shah, who moved the amendment in the Lok Sabha, explained that the revision seeks to alleviate the severity of punishment, specifically in situations not amounting to culpable homicide. Currently, such cases are treated as culpable homicide, leading to enhanced punishments.
During the parliamentary debate on three bills aimed at replacing colonial-era criminal laws, Home Minister Amit Shah emphasized the need to address the concerns raised by the medical community. He announced an official amendment to liberate doctors from the categorization of culpable homicide in cases of death due to negligence. The proposed change aims to redefine the legal consequences for doctors involved in such incidents.
The amendment introduces specific language to clause 106(1) of the BNS Bill, focusing on the section related to “causing death by negligence.” The added provision states, “and if such act is done by a registered medical practitioner while performing a 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 a fine.”
