Bharatiya Nyaya Sanhita challenged by IMA over medical negligence provision

The Indian Medical Association (IMA) has expressed significant concerns over the Bharatiya Nyaya Sanhita (BNS) and its provisions related to medical negligence. Official sources clarified that the punishment for causing death by negligence remains unchanged under the new law. The controversy centers around Section 106(1) of the BNS, which stipulates a two-year imprisonment for medical practitioners convicted of causing death by negligence during medical procedures. This mirrors the previous Indian Penal Code (IPC) provision under Section 304A.

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.