Union Home Minister Amit Shah on Wednesday told the Lok Sabha that the Central government is planning to bring an amendment in the criminal law bill, which aims to exempt doctors from criminal prosecution in cases of death due to medical negligence.
“Currently, if there is a death due to 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.
“Indian Medical Association had urged us to look into the matter,” he added.
Shah made the announcement as the Lok Sabha passed three criminal law bills- the Bharatiya Nyaya (Second) Sanhita, which proposes to replace the Indian Penal Code (IPC); the Bharatiya Nagarik Suraksha (Second) Sanhita, which proposes to replace the Code of Criminal Procedure; and the Bharatiya Sakshya (second) Sanhita, which seeks to replace the Indian Evidence Act.
Currently, cases of criminal negligence are handled under IPC 304 A, which pertains to causing death due to negligence. As per this section, a person causing the death of another person through a rash or negligent act not amounting to culpable homicide can face imprisonment for up to two years, or with a fine, or both.
The Indian Medical Association (IMA) thanked Prime Minister Narendra Modi and Shah for accepting their proposal. In a letter to the Centre, the IMA on November 30, had urged the government to exempt professional medical practice from criminal prosecution.