On July 1, World Doctors' Day, a part of the Bharatiya Nyaya Sanhita (BNS), which will replace the Indian Penal Code (IPC), has been met with opposition from doctors who practice modern medicine.
Section 106 (1) of the BNS will take the place of Section 304 A of the IPC. According to Section 304 A, anyone who kills another person by doing a careless or reckless act that does not constitute culpable murder faces a maximum two-year sentence in either type of jail, a fine, or both.
According to Section 106 of the BNS, anyone who causes the death of another person by engaging in reckless or thoughtless behavior that does not constitute culpable homicide faces up to five years in prison of any kind as well as a fine. If a registered medical professional commits such an act while carrying out a medical procedure, they face up to two years in prison of any kind as well as a significant fine. A "registered medical practitioner" is a health care provider whose name has been registered in either a State or National medical registry pursuant to the National Medical Commission Act, 2019 and who holds any medical qualification recognized by said Act. Thus, imprisonment may be required under BNS if a person is found guilty.
The Indian Medical Association (IMA) noted that a doctor treating a patient would not have any criminal intent in a letter to Prime Minister Narendra Modi dated June 29. The letter stated, "There is no negligence to attract criminal prosecution."
According to the letter from IMA national president R.V. Ashokan and general secretary Anil Kumar J. Nayak, Union Home Minister Amit Shah had admitted in Parliament that a patient's death during treatment was not considered murder. This point is discussed in Section 26 of the BNS, which refers to "Act not intended to cause death, done by consent in good faith for person's benefit." The investigating officer should bring up this clause in cases of suspected medical negligence, according to the IMA authorities.
In the following context, Dr Dhruv Chauhan took to Instagram to raise awareness about the new laws (BNS) replacing IPC.
An expert committee could be consulted for an opinion in the most exceptional of circumstances, which could be deemed reckless. This could be reported by the investigating officer. For the purpose of looking into such situations, certain State governments have a circular memo that establishes an appeal body at the State level under the direction of the Director of Health Services and a district-level body under the district medical officer. The process's validity has been confirmed by high courts. They further stated that an analogous circular memorandum from the Union government would offer lawful protection and enable important judgments in critical situations.
(Input from various sources)
(Rehash/Priyanka Pandey/MSM)