New criminal code bills exempt medicos from prosecution
The Daily Guardian|December 23, 2023
The Lok Sabha has recently passed new criminal code bills, and it has been conveyed to Parliament that doctors are now exempt from criminal prosecution in instances of death resulting from medical negligence, thereby reducing the severity of punishment in such cases.
ASHISH SINHA

Under Clause 106 of the Bharatiya Nyaya (Second) Sanhita, 2023, aiming to replace the IPC, the offence of “causing death by negligence” carries a penalty of up to five years of imprisonment and a fine. However, an official amendment has been introduced by the Central government, specifying that “If such an act is done by a registered medical practitioner while performing a 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.”

Additionally, an amendment has been made in the Bharatiya Nagarik Suraksha (Second) Sanhita 2023 (a replacement for CrPC) to categorize the offence as “cognizable” and “bailable.” These changes constitute three official amendments.

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