The Bharatiya Nyaya (second) Sanhita Bill was amended by the Lok Sabha in New Delhi with the intention of reducing the prison sentence to two years in situations where a medical practitioner’s negligent act causes death but does not constitute culpable homicide. The current designation of such incidents as culpable homicide and the corresponding enhanced punishment were emphasized by Home Minister Amit Shah. As part of the ongoing discussion on three bills intended to replace criminal laws from the colonial era, he declared his intention to introduce an official amendment to exempt doctors from this classification.
The home minister’s amendment to the Bharatiya Nyaya (second) Sanhita Bill adds precise wording to clause 106(1) regarding “causing death by negligence.” The additional language reads, “and if such 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 a fine.” This amendment creates a new clause that deals with situations in which a registered medical professional performs a medical procedure and a death results from negligence. With a two-year maximum sentence and the potential for a fine, the proposed amendment seeks to define the penalty for such offenses.
