Home Minister Amit Shah shared with the Lok Sabha the government’s intention to propose an amendment aimed at granting doctors exemption from criminal prosecution in cases involving fatalities due to medical negligence.
In his address, the Union Home Minister underscored the existing situation, where a fatality resulting from a doctor’s negligence is treated as criminal negligence, drawing parallels with murder. He emphasized the necessity for an official amendment to relieve doctors from potential criminal charges.
At present, instances of criminal negligence are dealt with under IPC 304 A, addressing death caused by negligence. IPC 304 A stipulates imprisonment of up to two years, a fine, or both for individuals found responsible for causing death through a negligent act not amounting to culpable homicide. However, doctors sometimes face legal challenges as they are prosecuted under IPC 304 (culpable homicide not amounting to murder) instead of IPC 304 A.
IPC 304 involves charges of culpable homicide not amounting to murder and carries more severe penalties. Offenders under IPC 304 may face life imprisonment or imprisonment for up to ten years, along with potential fines, contingent on the intent or knowledge associated with the act causing death.
These legislative developments form part of the government’s broader initiative to replace the Indian Penal Code 1860, Code of Criminal Procedure 1973, and the Indian Evidence Act 1872 with new bills. Despite the suspension of 141 opposition members of parliament across both houses, the Lok Sabha proceeded with discussions on these bills.
