Medical negligence will be decriminalised in draft criminal law, says Amit Shah

Presently, Section 304A of the Indian Penal Code deals with medical negligence causing death and is punished by imprisonment, fine or both.

Dec 21, 2023 - 01:30
Medical negligence will be decriminalised in draft criminal law, says Amit Shah

Medical negligence by a doctor that results in death would be decriminalised in the Bharatiya Nyaya Sanhita bill that seeks to replace the colonial era-Indian Penal Code, Union Home Minister Amit Shah announced on Wednesday in the Lok Sabha.

“I will bring an amendment now to free the doctors from this criminal negligence,” Shah said adding that the decision was taken after the Indian Medical Association asked his ministry to look into the offence.

Presently, Section 304A of the Indian Penal Code deals with medical negligence resulting in death. Those charged under the section are punished with imprisonment of either imprisonment up to two years or with a fine or with both.

After the discussion, the Lok Sabha passed the three bills by a voice vote amid the absence of a large number of Opposition MPs, who have been suspended from the House for the remainder of the Winter Session.

Besides the Bharatiya Nyaya Sanhita, the other two bills are the Bharatiya Nagarik Suraksha Sanhita that seeks to replace the Criminal Procedure Code and the Bharatiya Sakshya Bill that seeks to replace...

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