Doctors to get exemption from prosecution in negligence cases: Amit Shah

Union Home Minister Amit Shah said the Centre plans to amend the Criminal Law Bill to exempt doctors from criminal prosecution in cases of deaths due to medical negligence

Union Home Minister Amit Shah on Wednesday said the central government plans to bring in an amendment to the Criminal Law Bill to exempt doctors from criminal prosecution in cases of deaths due to medical negligence.

"Currently, if there is a death due to the 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,” Shah said in the Lok Sabha.

The death of a patient under a doctor’s care is classified as criminal negligence under Section 304 A of the  Indian Penal Code (IPC)IPC.

The minister said that the Indian Medical Association (IMA) “had asked us to look into the matter. And, hence, we have decided to free the doctors from the culpability of criminal negligence".

Shah said that the Centre would introduce this amendment in the future, while enumerating key provisions of the criminal law amendment bills in the Lower House.

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According to IPC 304A, "Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with a fine, or with both".

Meanwhile, the Lok Sabha on Thursday passed the three revised criminal law bills, namely the Bharatiya Nyaya Sanhita, which proposes to replace the Indian Penal Code (IPC); the Bharatiya Nagarik Suraksha Sanhita, which proposes to replace the Code of Criminal Procedure; and the Bharatiya Sakshya Sanhita, which seeks to replace the Indian Evidence Act.

According to the Home Minister, the new Bills aim to overhaul the criminal justice system in the country and establish a "justice system based on Indian thinking".