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DAILY NEWS ANALYSIS

  • 28 December, 2023

  • 2 Min Read

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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