Centre proposes to decriminalise medical negligence in amended criminal law bill

Currently, death of patients under a doctor’s care is classified as criminal negligence under Section 304A of the Indian Penal Code

Union Home Minister Amit Shah informed of an amendment in the criminal law bill, which will exempt doctors from criminal prosecution in cases of death due to medical negligence.

“Currently, if there is a death due to 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," Shah said in his address in Lok Sabha on December 20.

The move found much appreciation from members of the medical associations and representatives of the doctors’ community.

Death of patients under a doctor’s care is classified as criminal negligence under Section 304A of the Indian Penal Code. It says that whoever causes the death of any person by doing any rash or negligent act shall be punished with imprisonment for up to two years, or with a fine, or with both.

Earlier this month, the Indian Medical Association (IMA) had requested the same. The association said that “mindless criminal prosecution of doctors has resulted in harassment and practice of defensive medicine. There is a legitimate case for exempting the professional service of doctors from criminal prosecution.” They further stated that the doctors involved in such cases do not have the intent to commit the crime, which is a prerequisite to classifying an act as a crime.

According to Insecurity Insight, a global data bank, from 2016, India reported over 71 incidents of violence or threat of violence against healthcare professionals. Three workers were killed in the period, according to Insecurity Insight.

Earlier in 2019, there was a mass resignation of doctors in West Bengal after a mob attacked a junior doctor following the death of a patient with the deceased's family alleging medical negligence. During the COVID-19 pandemic and lockdown, several incidents of violence against healthcare workers were increasingly being reported with the relatives of patients blaming medical practitioners for the deaths of patients.