Decriminalization of Medical Negligence Deaths: Amit Shah Announces Landmark Move as Lok Sabha Approves New Criminal Law Bills

Medical Negligence Deaths to be Decriminalized: Amit Shah Unveils Plans Amidst Passing of New Criminal Law Bills

At present, instances of criminal negligence are addressed under IPC 304 A, specifically focusing on death caused by negligence.

Proposed Amendment Aims to Exempt Doctors from Criminal Prosecution in Cases of Medical Negligence Deaths

New Delhi: In a significant development, Union Home Minister Amit Shah disclosed on Wednesday in the Lok Sabha that the government is contemplating a crucial amendment to the criminal law bill. The proposed amendment is designed to shield doctors from criminal prosecution in cases of fatalities resulting from medical negligence.

The announcement received immediate praise from medical professionals and various medical associations, particularly the Indian Medical Association (IMA). The IMA had persistently urged the government to decriminalize medical negligence leading to death.

As the Lok Sabha successfully passed three criminal law bills—namely, the Bharatiya Nyaya (Second) Sanhita to replace the Indian Penal Code (IPC), the Bharatiya Nagarik Suraksha (Second) Sanhita aiming to replace the Code of Criminal Procedure, and the Bharatiya Sakshya (Second) Sanhita seeking to replace the Indian Evidence Act—Shah remarked on the need for this pivotal amendment.

During the parliamentary debate, Shah emphasized, “Currently, if there is a death due to the negligence of a doctor, it is also treated as criminal negligence, almost akin to murder. Therefore, I will bring an official amendment to free the doctors from this criminal negligence.”

He acknowledged the Indian Medical Association’s plea, stating, “The Indian Medical Association had urged us to look into the matter.”

Presently, cases of criminal negligence fall under IPC 304 A, dealing with death caused by negligence. According to this section, a person causing another’s death through a rash or negligent act, not amounting to culpable homicide, can face imprisonment for up to two years, or with a fine, or both.

The Indian Medical Association, representing over 3 lakh doctors in the country, expressed immediate gratitude to Prime Minister Narendra Modi and Shah for accepting their proposal. In a letter dated November 30, the IMA had urged the government to exempt professional medical practice from criminal prosecution.

Dr. Rohan Krishnan, National Chairman of the Federation of All India Medical Association (FAIMA), took to social media to thank Shah for his announcement, declaring it a pivotal shift in medical jurisprudence.

The Federation of Resident Doctors’ Association also confirmed the official decriminalization of medical negligence by doctors, previously categorized as non-culpable homicide (304A). They hailed it as a positive step toward aligning legal frameworks with evolving healthcare complexities.