Bharatiya Nyaya Sanhita challenged by IMA over medical negligence provision

Initially, the BNS proposed a harsher penalty of up to five years imprisonment and a fine for such negligence. However, following representations from the medical community, this was amended. Despite these changes, the IMA has urged the government to invoke protective provisions under Section 26 of the BNS in cases of alleged medical negligence. In a letter to Prime Minister Narendra Modi, the IMA highlighted the need for such protections.

Union Home Minister Amit Shah has reiterated that death resulting from medical treatment should not be equated with murder, and the new legislation reflects this perspective. Alongside these concerns, the IMA has also stressed the urgent necessity for a central law to protect doctors and hospitals from violence, noting that this legislation is still pending in Parliament.