The Indian Medical Association (IMA) has written to Prime Minister Narendra Modi, stressing the need for proper implementation of protective provisions for doctors in cases of alleged medical negligence, as per the Bharatiya Nyaya Sanhita (BNS).
The IMA emphasised that doctors typically do not have criminal intent when treating patients. Therefore, their actions should not attract criminal prosecution under Section 106.1 of the BNS, which currently allows for criminal charges against doctors in cases of alleged negligence.
The IMA also requested that investigating officers invoke Section 26 of the BNS, which recognises that doctors fall outside the purview of criminal law for actions taken during patient treatment unless there is evidence of recklessness. They argued that cases should be referred to expert committees for opinion in rare instances of recklessness.
Dr RV Asokan, IMA President, advocated for the deletion of Section 106.1 to prevent the unjust criminal prosecution of doctors. He asserts that without criminal intent, doctors should only be held accountable under civil law.