• By Kamal Kumar
  • Wed, 20 Dec 2023 08:45 PM (IST)
  • Source:JND
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Medical Negligence Lok Sabha News:  Home Minister Amit Shah on Wednesday informed the Lok Sabha that the government aims to exempt doctors from criminal prosecution in cases of death due to medical negligence. The apex medical body Indian Medical Association repeatedly requested the government to make this change in the law.

Union Home Minister made the remarks as the Lok Sabha passed three pivotal criminal law bills—Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and Bharatiya Sakshya Bill.

"Currently, if there is a death due to negligence of a doctor, it is also treated as criminal negligence, almost akin to murder. Hence, I will bring an official amendment now to free the doctors from this criminal negligence," the Union Home Minister said in his address.

Currently, cases of criminal negligence are addressed under IPC 304 A, which pertains to causing death due to negligence. According to IPC 304 A, a person causing the death of another person through a rash or negligent act not amounting to culpable homicide can face imprisonment for up to two years, a fine, or both.

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However, doctors often face challenges beyond this framework, as many are prosecuted under IPC 304 instead of IPC 304 A. While IPC 304 A relates to charges of causing death due to negligence, IPC 304 addresses charges of culpable homicide not amounting to murder. Those accused under IPC 304 may face life imprisonment or imprisonment for up to ten years, along with potential fines, depending on the intent or knowledge associated with the act causing death.

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Medical fraternity across the country has welcomed the decision of the central government to decriminalise cases of medical negligence. The Federation of Resident Doctors’ Association (FORDA), one of the medical bodies, welcomed the decision in an X post.

"Today respected @AmitShah declared a pivotal shift in medical jurisprudence. Medical negligence by doctors, previously categorized as non-culpable homicide (304A), has been officially decriminalised. A positive step toward aligning legal frameworks with evolving healthcare complexities," the organisation wrote in an X post while tagging PMO and the Ministry of Health.

The objective of these bills is to substitute the Indian Penal Code 1860, Code of Criminal Procedure 1973, and the Indian Evidence Act 1872. Despite the suspension of 141 opposition members of parliament in both houses, Lok Sabha took up these bills for discussions.