Bharatiya Nyaya Sanhita Prescribes Lesser Punishment To Doctors For Causing Death By Negligence Vis-A-Vis Other Offenders

The Bharatiya Nyaya Sanhita 2023, the bill which seeks to replace the Indian Penal Code 1860, has carved out a special classification for doctors in relation to the punishment for causing death by medical negligence.  

While the Sanhita enhances the punishment for causing death by negligence to imprisonment up to 5 years, if such death is caused by a doctor, then the punishment is imprisonment up to 2 years. It may be noted that as per the present law, Section 304A of the IPC, causing death by negligence is punishable with imprisonment up to 2 years, or a fine, or with both. There is no separate classification for doctors in Section 304A IPC.

Clause 106 of the BNS enhances the maximum punishment for causing death by negligence from 2 years imprisonment to 5 years imprisonment; however, as far as doctors are concerned, the maximum punishment will be 2 years imprisonment. Doctors shall also be liable to fine in medical negligence death cases.

In the initial version of the Bharatiya Nyaya (Second) Sanhita introduced in the winter session, there was no classification regarding doctors.  Yesterday, Home Minister Amit Shah said that an amendment has been moved regarding the punishment for doctors, considering a request made by the Indian Medical Association.

Clause 106 also prescribes stringent penalties for 'hit and run' cases. If a driver causes the death of a person by rash and negligent driving and drives off without reporting it to the police or a Magistrate, he is punishable with imprisonment of a term which may extend to ten years and shall also be liable to fine.