New Delhi : As the Centre is all set to implement the three new criminal laws from July 1, the Indian Medical Association (IMA) on Saturday appealed to Prime Minister Narendra Modi to issue a circular memorandum on the provisions under Section 26 of the Bharatiya Nyaya Sanhita (BNS) for the benefit of all.
The IMA has suggested that cases of alleged medical negligence should first be registered under Section 26 of the newly-enacted criminal code.
According to Section 26 of the BNS, “A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence.”
The doctors’ association argued that an order from the PMO providing further clarifications on provisions under Sections 26 of the BNS should be issued for the benefit of investigating officers.
“IMA has pointed out that there is no criminal intent on the part of the doctor, while treating a patient. There is no negligence to attract criminal prosecution. Home Minister Amit Shah has also acknowledged on the floor of the Parliament that death during treatment is not murder. The new BNS legislation brought up by the central government reflects on this aspect in Section 26,” IMA president Dr RV Asokan told ETV Bharat.
He said that in the rarest of the rare cases which might be considered as recklessness, the investigating officer may refer the case to an expert committee for opinion.
“Some State governments have a circular memorandum putting in place a district level body under the DMO and a state level appellate body under the DHS. High Courts upheld the legality of the procedure as well. A circular memorandum of procedure from the union government in this regard would remove the Damocles’ sword hanging over the doctors,” the IMA wrote in its letter to the Prime Minister.
The three New Criminal Laws - Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Adhiniyam (BSA), 2023 - were passed by the Parliament in its winter session in 2023. The bills were assented by President Droupadi Murmu and notified in the Gazette of India on December 25 last year.
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