New Delhi: As the Bhartiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC) this month, the central government clarified Tuesday that punishment for doctors proven guilty of causing death by negligence remains the same as earlier (imprisonment for two years). After this announcement, the Indian Medical Association (IMA), the largest network of doctors in the country, called for a nationwide campaign against “criminal prosecution of doctors”. The clarification by the Union Ministry of Health and Family Welfare, however, has done little to calm down medical professionals who point out that under the IPC, punishment for death due to negligence by doctors entailed either financial penalty or imprisonment, but under the new law, jail term is mandatory if doctors are proven guilty of medical negligence.
“The new law is harsher for doctors. It guarantees jail term for doctors if they are proven guilty of medical negligence. This will not only affect doctors but also have a profound effect on patient’s well-being and doctor-patient relationship,” Dr K.
V. Babu, an ophthalmologist from Kerala, told ThePrint. In its statement, the government pointed out that Section 106(1) of the BNS states that death by negligence caused by a registered medical practitioner while performing a medical procedure shall be punishable for two years with a fine.
“It is clarified that causing death by negligence by any person (including medical practitioners) was punishable with imprisonme.