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The Doctor's Dilemma: Analysis Of Medical Negligence Under The Bhartiya Nyaya Sanhita, 2023


Anika Bhoot, Hidayatullah National Law University


INTRODUCTION


The Indian Penal Code, 1960 (hereinafter IPC), was a remnant of the colonial past of India which was recently overhauled to metamorphosise into the Bhartiya Nyaya Sanhita, 2023 (hereinafter BNS) which emphasises a shift towards decolonialisation of criminal provisions and painting over punitive approaches with a bright colour of reformative justice.


Different novel sections in the BNS meant different tales for various stakeholders. Some reforms were welcomed with open arms while some raised speculations and reservations. Section 106 of the BNS was one such provision which was mired by protests by the medical community especially on the National Doctor’s Day (1st July, 2024) 1. In the face of growing violence against doctors recently, and an abysmal doctor-to-patient ratio, Section 106 was viewed as a fear-mongering provision that further penalises bona fide apprehensive doctors.


The present article seeks to understand the reasoning behind such protestations and the merits thereof and evaluate the implications that the new provision in the BNS births.


EXAMINING SECTION 106 UNDER THE MICROSCOPE


Section 106 lays down the liability for death by rash and negligent act not amounting to culpable homicide and makes negligent registered medical-practitioners punishable for imprisonment for a term of two years along with fine.


The Explanation defines “registered medical-practitioner” as someone with a medical qualification recognised by the National Medical Commission Act, 2019 and with a name entry in the National Medical Register or a State Medical Register as per the Act2.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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