Jail Term For Doctors Over Medical Negligence Reduced In Amendment Bill

The Lok Sabha on Wednesday passed an amendment to the Bharatiya Nyaya (second) Sanhita Bill that seeks to reduce the prison term in case of death due to a negligent act of a medical practitioner not amounting to culpable homicide 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 said while replying to the debate in the Lok Sabha on three bills to replace colonial-era criminal laws.

The amendment to the Bharatiya Nyaya (second) Sanhita Bill moved by the home minister adds the words -- "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 deals with "causing death by negligence".

Mr Shah said the amendment has provisions to reduce the punishment for doctors in matters of culpable homicide.

The home minister said a delegation from the Indian Medical Association had written to him in this regard.

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