Negligence caused by doctor was punishable under Indian Penal Code also: Health Ministry

After the Indian Medical Association announced to hold protests against a section 106(1) of new criminal law Bharatiya Nyaya Sanhita which says death by negligence caused by a registered medical practitioner while performing a medical procedure shall be punishable up to two years imprisonment with a fine, the Union health ministry has said it was punishable with imprisonment up to two years or fine under section 304A of Indian Penal Code.

The ministry said punishment for causing death by negligence by medical practitioners is imprisonment up to 2 years even now.

“It is clarified that causing death by negligence by any person (including medical practitioners) was punishable with imprisonment up to 2 years or fine under section 304A of Indian Penal Code (IPC). When the Bill to replace IPC with the Bharatiya Nyaya Sanhita, 2023 (BNS) was introduced in Lok Sabha in December, 2023, the death caused by negligence was made punishable with imprisonment up to 5 years and fine under section 106(1) of BNS, 2023”, said health ministry.

The health ministry said that after the representations were received from medical practioners, the section 106(1) of BNS, 2023 was amended to provide that if such act of negligence is done by registered medical practioners while performing medical procedure, they shall be punished with imprisonment up to 2 years and fine.