New Delhi: The Centre on Tuesday reiterated that there is no change in punishment for causing death by negligence under the new criminal law amid a month-long nationwide campaign launched by the Indian Medical Association (IMA) Justice for Doctors.
The July-August campaign launched by doctors wants to stop the criminal prosecution of doctors and violence against doctors. The Indian Medical Association will stage protests against Section 106(1) of the new criminal law--Bharatiya Nyaya Sanhita (BNS)--the Section states that death by negligence caused by a registered medical practitioner while performing a medical procedure shall be punishable for two years with a fine.
“It is clarified that causing death by negligence by any person (including medical practitioners) was punishable with imprisonment up to two years or a fine under Section 304A of the Indian Penal Code (IPC),” the government said.
It said that when the Bill to replace IPC with the Bharatiya Nyaya Sanhita, 2023 (BNS) was introduced in the Lok Sabha in December 2023, the death caused by negligence was made punishable with imprisonment up to five years and a fine under Section 106(1) of BNS, 2023.
“The representations were received from medical practitioners and the said Section 106(1) of BNS, 2023, was amended to provide that if such act of negligence is done by registered medical practitioners while performing a medical procedure, they shall be punished with imprisonment up to two years and a fine. It may be recalled that the punishment for causing death by negligence by medical practitioners is imprisonment up to 2 years even now,” the government clarified.
In a letter sent to all State presidents and secretaries of IMA on Monday, IMA president RV Asokan and secretary general Anilkumar J Naik urged them to gear up for the campaign from the last week of July to the first week of August.
The letter was sent to all local branch presidents & secretaries of IMA as well. “IMA demands a Central Law on violence against doctors and hospitals. Besides demanding application of Section 26 in cases of alleged criminal negligence as well as exempt the medical profession from criminal prosecution,” the letter stated.
IMA said that in the absence of mens rea (criminal intent), doctors can be held responsible only in civil law (Law of Torts). “IMA is committed to work towards exempting the doctors from criminal prosecution,” the association said.
It said that mindless criminal prosecution has resulted in the harassment of doctors and the practice of defensive medicine. “There is a legitimate case for exempting the professional service of doctors from criminal prosecution. It is the responsibility of the government to provide a safe and amiable atmosphere for doctors to practice their profession without fear of criminal prosecution. The criminal liability of medical negligence is of controversial legality,” it said.
The IMA further said that to establish criminal liability, it is important to ascertain whether the intent to cause harm (mens rea) existed. “In cases of criminal medical negligence, the intention to cause harm has been replaced by gross negligence. Gross negligence has not been defined in the BNS,” the IMA said.
