There is speculation in the judiciary these days that the new Bharatiya Nyaya Sanhita (BNS) has more stringent provisions compared to the old IPC. As the new law has not yet been extensively interpreted by legal jurists, this comparison can be part of a legal debate. The provisions of the BNS related to deaths caused by negligence, particularly focusing on medical practitioners, definitely have some crucial and stringent changes. Are there Strict Laws for Medical Practitioners in BNS?
These changes mark a significant shift from the provisions under Section 304A of the Indian Penal Code (IPC). Let’s uncover the truth Is the provision related to deaths caused by negligence of the new Bharatiya Nyaya Sanhita (BNS) a significant concern for Indian medical practitioners, or is it just a hoax?
Rash or Negligent Act Causing Death: Provision
Section 106 : Causing death by negligence.
(1) 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.
Under Section 106(1) of the BNS, any person causing death by a rash or negligent act faces imprisonment for up to five years and a fine. If a registered medical practitioner commits this act during a medical procedure, the punishment is imprisonment for up to two years and a fine.
Explanation.— For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
Defining Registered Medical Practitioners:
The term “registered medical practitioner” refers to those with qualifications recognized under the National Medical Commission Act, 2019, and listed in the National Medical Register or a State Medical Register.
Comparison with IPC Section 304A:
Previously, IPC Section 304A did not distinguish between medical professionals and the general public regarding negligence causing death, imposing a uniform punishment of up to two years imprisonment or a fine, or both. The BNS, however, introduces a more specific and stringent approach, particularly towards medical negligence.
Implications for Medical Practitioners:
This differentiation indicates the high standards expected from medical professionals. By imposing a distinct punishment framework, the law highlights the critical nature of medical care and the severe consequences of negligence. Medical practitioners are now held to a higher standard, reflecting the trust and responsibility placed upon them by society.
Section 106 : Sub section 2
(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.
Section 106(2) of the BNS addresses deaths caused by rash and negligent driving, with additional penalties if the driver escapes without reporting the incident. The punishment includes imprisonment for up to ten years and a fine.
Comparison with IPC Section 304A:
The IPC did not specifically address hit-and-run incidents in the context of negligent driving. Inclusion of this provision in BNS marks a significant development, emphasising the seriousness of such offences and the importance of taking responsibility after causing an accident.
Stricter Law for Medical Practitioners
The BNS explicitly holds medical practitioners to higher standards, reflecting the critical nature of their work. By specifically targeting medical negligence, the law aims to prevent substandard practices and ensure patient safety.
Consequences of Medical Negligence:
If a registered medical practitioner causes a patient’s death due to negligence during a procedure, they face imprisonment for up to two years and a fine. This serves as a strong deterrent against negligence, emphasising the severe repercussions of failing to uphold medical standards.
Comparison with IPC Section 304A:
Under IPC Section 304A, medical practitioners faced the same penalties as others for causing death by negligence, with no specific focus on medical procedures. Distinct treatment of medical negligence under the provision of BNS shows a stricter approach towards medical accountability.
READ MORE: Have you read these new and modified provisions of BNS?
Section 69 of The Bharatiya Nyaya Sanhita (BNS)
Likely Increase Legal Cases Against Medical Practitioners:
Given the explicit provisions against medical negligence, there is a high likelihood of an increase in the number of cases filed against medical practitioners. Patients and their families, now more aware of the stringent legal framework, might be more inclined to seek legal recourse in instances of perceived medical negligence.
Impact on Medical Practice:
The fear of litigation may lead medical practitioners to adopt more cautious and defensive practices. This could impact decision-making processes and the overall approach to patient care. While heightened caution can improve patient safety, it may also result in increased anxiety among medical professionals, potentially affecting their confidence and performance.
Legal and Ethical Considerations:
The new provisions will require careful interpretation and application by the judiciary to ensure that genuine medical errors are distinguished from criminal negligence. Legal experts and healthcare regulators will need to work together to establish clear guidelines and protocols to prevent frivolous lawsuits while ensuring accountability for genuine cases of negligence.
Summing up
The separate provisions against medical practitioners under Section 106 of the BNS signify a shift towards stricter enforcement of medical accountability in India. This reflects the critical nature of the work done by medical practitioners and the high standards they are expected to maintain.
A stricter point of view of the provision in BNS on medical negligence emphasises the importance of responsibility and care in both everyday actions and professional duties. The provisions reflect the critical nature of the work done by medical practitioners and the high standards they are expected to maintain. The challenge will lie in balancing the need for patient safety with the protection of medical practitioners from undue legal pressures.