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IMA Calls for Reevaluation of Criminal Liability in Medical Care

9 Jul 2024 • The Indian Medical Association (IMA) has raised concerns over the replacement of Section 304A of the Indian Penal Code (IPC) with Section 106.1 in the Bharatiya Nyaya Sanhita (BNS) Act.

They have appealed to the government to address this issue. In a letter to the Prime Minister, the IMA emphasized that an investigating officer should invoke the protective provision under the Bharatiya Nyaya Sanhita in cases of alleged criminal medical negligence.

The IMA highlighted that doctors do not approach patient treatment with criminal intent (mens rhea) or negligence to attract criminal prosecution. However, Section 106.1 imposes liability, including imprisonment and fines, on registered medical practitioners for deaths caused during treatment.

When contacted, IMA President Dr R V Asokan said that Section 26 in the BNS clearly states that doctors fall outside the purview of criminal law and demanded that the provision under Section 106.1 should be deleted so that doctors are exempted from criminal prosecution.

The IMA has collectively urged for the deletion of Section 106.1, citing its detrimental impact on doctors and the healthcare system.

Source:PTI| Read full story

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