Contrary to what Union Home Minister Amit Shah told the Lok Sabha on Wednesday, the amended Bharatiya Nyaya (Second) Sanhita Bill, 2023 (BNSS) does not provide a blanket exemption to doctors in cases of death due to negligence; instead, it prescribes a maximum two-year imprisonment in such cases, slightly lower than the punishment for other cases.
The amended Section 106 (1) of the Sanhita says: “Whoever causes 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 five years, and shall also be liable to fine; 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.”
It further explains that for the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
