The Bharatiya Nyaya Sanhita 2023, a bill aiming to replace the archaic Indian Penal Code 1860, has ignited discussions due to its distinctive categorization of penalties for medical negligence and hit-and-run cases. Notably, this legislation seeks to address the punitive measures in cases of death caused by negligence, notably differentiating consequences for doctors and drivers.
The key amendment proposed in the Sanhita involves Section 304A of the Indian Penal Code, focusing on death caused by negligence. While the present law entails imprisonment of up to 2 years, the Sanhita elevates this penalty to 5 years. However, in a contrasting move, when the negligence leading to death involves a doctor, the punishment is capped at 2 years’ imprisonment, signaling a specific classification for medical professionals.
A significant shift from the existing law, Clause 106 of the Bharatiya Nyaya Sanhita increases the maximum penalty for death due to negligence from 2 to 5 years of imprisonment. However, for doctors implicated in such cases, the maximum punishment remains at 2 years of imprisonment. Alongside imprisonment, doctors held accountable for medical negligence resulting in death will also be subject to fines, adding financial liabilities to their penalties.
Interestingly, the initial version of the Bharatiya Nyaya (Second) Sanhita, introduced during the winter session, did not include any distinctive provisions pertaining to doctors. However, recent statements by Home Minister Amit Shah indicate an amendment addressing the punishment for doctors, reportedly prompted by a request from the Indian Medical Association.
Moreover, Clause 106 of the Sanhita extends its stringent penalties to ‘hit-and-run’ incidents. In instances where a driver, through rash and negligent driving, causes a person’s death and flees the scene without reporting to the authorities, the proposed punishment escalates to imprisonment of up to ten years. Additionally, perpetrators in hit-and-run cases will also face financial penalties.
The proposed Bharatiya Nyaya Sanhita 2023 has sparked debates among legal experts, medical professionals, and lawmakers. Supporters argue that the differentiated penalties for medical negligence take into account the complexities of healthcare while imposing stricter consequences for hit-and-run incidents, emphasizing societal accountability and deterrence against such offences.
Critics, however, raise concerns about the contrasting penalties for doctors, questioning the rationale behind a lesser punishment when medical professionals are involved in cases of negligence resulting in death. They advocate for a balanced approach that ensures accountability without disproportionately affecting specific professions.
The bill’s passage through the Lok Sabha is indicative of the government’s intent to reform and modernize legal frameworks governing various facets of society. Nevertheless, the nuanced clauses within the Bharatiya Nyaya Sanhita warrant further deliberation and scrutiny to strike a harmonious balance between justice, deterrence, and fairness across all sectors.
As the bill progresses, ongoing discussions and amendments are anticipated, reflecting the evolving dynamics between legal frameworks, societal expectations, and professional responsibilities in contemporary India.