IMA demands protection from criminal prosecution for docs

New Delhi, July 5

In a letter to Prime Minister Narendra Modi, the Indian Medical Association (IMA) has suggested that an investigating officer should invoke Section 26 of the Bharatiya Nyaya Sanhita (BNS) in cases of alleged criminal medical negligence.

Section 26 of the BNS states: “A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence.”

“The IMA requests the government that the investigating officer invoke this provision in cases of alleged medical negligence. In the rarest of rare cases which might be considered as recklessness, the investigating officer may prefer the case to an expert committee for opinion,” the IMA said in the letter. The medical fraternity is miffed with the provision in BNS which mandates jail term and fine for doctors in case of medical negligence.

The three new criminal laws — Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam — came into effect from July 1.