Doctors question Bhartiya Nyaya Sanhita over ‘2 yrs of jail’ for causing death by ‘negligence’

Doctors have started raising questions after the Bharatiya Nyaya (Second) Sanhita (BNS), 2023, has come into force from today as it prescribes a reduced jail term of two years for doctors charged with causing death by medical negligence as compared to other offenders for the same crime.

An amendment was made in Section 106 (1) of BNS, 2023, that deals with “causing death by negligence”, which makes a differentiation between a doctor and any other person causing death “by doing any rash or negligent act not amounting to culpable homicide”.

Dr Arun Gupta said, “While we kept on praising the govt, truck drivers fought back n got it reversed. BNS is here. “Happy doctor’s day from Govt.” Now JAIL is a must in case of medical negligence. Think 100 times before u take a sick patient. 100 times!”

Dr Yudhyavir Singh, Associate Professor at JPN Apex Trauma Centre, AIIMS, said that Indian Medical Association must take notice of this. “IMA India should take notice of this! How such law has been passed? Doctor will be pushed to the jail in any case of medical negligence! It means jail is must for a doctor now”.

The Section 106 of BNS states, “Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.