Bharatiya Nyaya (Second) Sanhita Bill, 2023 (BNSS)

Under new law, doctors face two years of imprisonment for death due to negligence.

Section 106 (1) - Section 106 (1) of the BNS Bill, 2023 deals with causing death by negligence.
This makes a differentiation between a doctor and any other person causing death by doing any rash or negligent act not amounting to culpable homicide.
The amended Section 106 (1) of the Bharatiya Nyaya Sanhita Bill does not provide a blanket exemption to doctors in cases of death due to negligence.

A registered medical practitioner is person 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.

Currently, under Section 304A of the Indian Penal Code, 1860, the punishment for causing death by negligence is two years imprisonment and fine or both.
The BNSS increases the punishment for such acts to five years, however, specifies that doctors will still get the lower punishment of two years jail time if convicted.
Section 106 (2) - It prescribes a more stringent punishment, a jail term of 10 years and a fine, for somebody who causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide.
Section 106 (2) is also applicable to persons who escapes without reporting it to a police officer or a Magistrate soon after the incident.

The Bharatiya Nyaya Sanhita Bill will replace the Indian Penal Code (IPC); the Bharatiya Nagarik Suraksha Sanhita Bill will be in place of the Code of Criminal Procedure (CrPC), and the Bharatiya Sakshya Bill will replace the Indian Evidence Act (IEA).

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