Medical negligence deaths to be decriminalised: What does this mean for doctors?

Medical negligence deaths to be decriminalised: What does this mean for doctors?

▪️ Union Home Minister Amit Shah announced in the Lok Sabha that the central government plans to amend the criminal law to exempt doctors from criminal prosecution for deaths due to medical negligence.

▪️The amendment will be part of the Bharatiya Nyaya Sanhita bill, which seeks to replace the Indian Penal Code.

▪️Currently, death of patients under a doctor’s care can be classified as a criminal offence under Section 304A of the Indian Penal Code, amounting to Non-culpable Homicide, that is Death due a rash/negligent act, and is a criminal offence.

▪️The proposed amendment will treat death due to medical negligence as a civil offence, not a criminal one.

▪️This does not however dissolve doctors of culpability for deaths due to medical negligence.

▪️The maximum punishment is reduced from 5 years of imprisonment to 2 years of imprisonment.

▪️An amendment has also been made in the Bharatiya Nagarik Suraksha (Second) Sanhita 2023 (replacement of CrPC) to make the offence ‘bailable’.

▪️ The amendment comes after the ministry agreed to the requests by the Indian Medical Association to improve laws the medical fraternity was dealing with.

▪️The move is a welcome one for doctors, as it will help reduce the fear and harassment faced by doctors in their profession.


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