NEW DELHI: Union Home Minister Amit Shah on Wednesday informed the Lok Sabha that the Centre is planning to bring an important amendment in the criminal law bill, which aims to exempt doctors from criminal prosecution in cases of death due to medical negligence.
The announcement was immediately hailed by the medicos and the various medical associations, especially the Indian Medical Association (IMA), which had urged the government to decriminalize medical negligence death.
Shah remarked 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.
During the debate, Shah said, “Currently, if there is a death due to negligence of a doctor, it is also treated as criminal negligence, almost akin to murder, Therefore, I will bring an official amendment to free the doctors from this criminal negligence."
“Indian Medical Association had urged us to look into the matter,” he added.
At the moment, 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.
IMA, which represents over 3 lakh doctors in the country, immediately thanked Prime Minister Narendra Modi and Shah for accepting their proposal. In a letter to the centre, IMA on November 30, had urged the government to exempt professional medical practice from criminal prosecution.
Taking to X, formerly Twittter, Dr. Rohan Krishnan, national chairman of the Federation of All India Medical Association (FAIMA), thanked Shah for his gesture. “Home minister @AmitShahOffice announces in Loksabha that doctors to be exempted from criminal medical negligence medical negligence decriminalised. Amendment to that effect to be moved by him. Today respected @AmitShah declared a pivotal shift in medical jurisprudence.”
The Federation of Resident Doctors’ Association also posted that “medical negligence by doctors, previously categorized as non-culpable homicide (304A), has been officially decriminalised. A positive step toward aligning legal frameworks with evolving healthcare complexities.”
The Association of Indian Medicos (AIM) also posted that it is a “Big day for the entire medical fraternity today!!! We are thankful to @AmitShahOffice, @AmitShah, @PMOIndia, @MoHFW_INDIA for decriminalising medical negligence. Congratulations to all fellow doctors of the nation.”