Accepting the request from the Indian Medical Association (IMA), the Central authorities introduced amendment in the legislation that punishes doctors due to a negligent act. The authorities on Wednesday obtained an amendment to the Bharatiya Nyaya (second) Sanhita Bill handed in the Lok Sabha. The amendment in BNS Bill seeks to cut back the jail term in case of death due to a negligent act of a medical practitioner not amounting to culpable murder to two years.
“Currently, if there is a death due to the negligence of a doctor, it is also treated as culpable homicide. The punishment was also enhanced. I will bring an official amendment now to free the doctors from this,” Home Minister Amit Shah mentioned whereas replying to the talk in the Lok Sabha on three payments to change colonial-era prison legal guidelines.
The amendment provides the phrases — “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 106(1) that offers with “causing death by negligence”.
Shah mentioned the amendment has provisions to cut back the punishment for doctors in issues of culpable murder.
(With PTI inputs)