Medical Negligence Under Bharatiya Nyaya Sanhita
Medical Negligence under Bharatiya Nyaya Sanhita (BNS)
Conceptual Overview:
Medical negligence generally refers to a breach of the duty of care by a medical professional that causes harm or injury to a patient.
Under the existing Indian framework (through IPC and judicial decisions), negligence can attract criminal liability (e.g., Section 304A IPC — causing death by negligence).
The BNS draft seeks to clarify and update criminal liability for negligence, including medical negligence.
Key Points on Medical Negligence in the Draft BNS
Criminal Liability for Negligence
The BNS introduces clearer definitions and gradations for criminal negligence:
Differentiates ordinary negligence from gross negligence.
Provides clearer parameters for what constitutes criminally punishable medical negligence.
Duty of Care and Breach
Medical practitioners are expected to maintain a standard of care consistent with professional ethics and reasonable medical practice.
Causation and Injury
The negligence must be directly linked to injury or death resulting from the breach.
Mens Rea (Intent)
BNS clarifies the degree of fault necessary for criminal liability — mere error or accident without gross negligence may not attract criminal punishment.
Established Legal Principles on Medical Negligence (Comparative Case Law)
Since BNS is not yet in force, courts continue to apply traditional principles:
Dr. Laxman Balkrishna Joshi vs. Dr. Trimbak Bapu Godbole (1969)
Held that a doctor is not an insurer of the patient’s life but must exercise reasonable care and skill.
Medical negligence is established when the doctor fails to act as a reasonably competent practitioner.
Jacob Mathew vs. State of Punjab (2005)
Supreme Court held that criminal prosecution for medical negligence requires gross negligence or recklessness, not mere errors of judgment.
The Court emphasized the need for caution to avoid harassment of medical professionals.
Martin F. D’Souza vs. Mohd. Ishfaq (2009)
The Court held that the test is whether the medical professional acted in a manner that no reasonable and competent doctor would have done.
Hypothetical Application Under BNS
If a medical practitioner in India causes injury or death due to gross negligence as defined under BNS, they could face criminal liability.
The draft encourages fair investigation and trial procedures and balances patient safety with protection of doctors from frivolous complaints.
Summary
| Aspect | Bharatiya Nyaya Sanhita (Draft) | Traditional Case Law Position |
|---|---|---|
| Criminal Liability | Clearer differentiation of gross negligence | Requires gross negligence for criminal liability |
| Mens Rea (Fault) | Emphasizes mens rea, excludes mere errors | Requires recklessness or gross negligence |
| Protection for Doctors | Encourages safeguards against frivolous cases | Courts have emphasized caution in prosecutions |
| Duty of Care | Mandated reasonable standard of care | Same principle in existing law |
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