New criminal laws give doctors immunity against medical negligence: Read details here
MPs who have been suspended for "misconduct" for the remainder of the winter session. The Opposition has been demanding a statement from Union Home Minister Amit Shah on the December 13 Parliament security breach.
On introducing the amendments that exempts doctors from criminal proceedings, Amit Shah said, "Currently, if there is a death due to the negligence of a doctor, it is also treated as criminal negligence, almost akin to murder. Hence, I will bring an official amendment now to free the doctors from this criminal negligence." The Union home minister said the amendments were introduced after the Indian Medical Association (IMA) "requested us to look into the matter".
"And hence we have decided to free the doctors from the culpability of criminal negligence," Amit Shah said. Also Read | ‘If your mind is Italian you won't…’: Amit Shah takes a dig at Gandhi family Currently, under the colonial-era criminal laws, medical negligence resulting in deaths would invite punishment "for a term which may extend to two years, or with a fine, or with both" under Section 304 A of the Indian Penal Code (IPC).
The amendments in the IPC now relieves the doctors from any criminal proceedings for medical negligence. Lok Sabha on Wednesday, December 21, passed the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023.
Amit Shah said the new criminal law Bills being brought in place of three old laws have been made on the basis of the three basic spirit of our Constitution - freedom of the individual, human rights and the principle of equal treatment to all. The new criminal law Bills also proposes life imprisonment or death penalty for mob lynching.Mi
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