Lok Sabha Passes Amendment to Reduce Prison Term for Medical Negligence

The Lok Sabha has passed an amendment to the Bharatiya Nyaya second Sanhita Bill, reducing the prison term for medical practitioners in cases of death due to negligence from culpable homicide to two years. The amendment was moved by Home Minister Amit Shah and includes provisions to reduce the punishment for doctors in matters of culpable homicide.

New Delhi, Dec 20: The Lok Sabha on Wednesday passed an amendment to the Bharatiya Nyaya second Sanhita Bill that seeks to reduce the prison term in case of death due to a negligent act of a medical practitioner not amounting to culpable homicide to two years. Currently, if there is a death due to the negligence of a doctor, it is also treated as culpable homicide.

Amendment to Reduce Punishment for Doctors

Home Minister Amit Shah, while replying to the debate in the Lok Sabha on three bills to replace colonial-era criminal laws, stated that he would bring an official amendment to free doctors from this provision. The amendment to the Bharatiya Nyaya second Sanhita Bill moved by the home minister adds the words -- 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 -- to clause 1061 that deals with causing death by negligence.

Provisions to Reduce Punishment for Culpable Homicide

Shah further clarified that the amendment includes provisions to reduce the punishment for doctors in matters of culpable homicide. He mentioned that a delegation from the Indian Medical Association had written to him in this regard.

The passing of this amendment is a significant step in addressing the concerns of the medical community regarding the harsh punishment for medical negligence. It aims to strike a balance between ensuring patient safety and protecting doctors from excessive criminal liability.