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Tuesday, July 09, 2024

BNS 26 and BNS 106 Explained

Till 1994 Doctors can be punished by 1. Medical Council - Only for Gross Issues 2. Employer (Private Hospital or Govt) No other person can enquire or punish This was the situation

So There were no cases filed under 304 A for what happened during treatment But The Inclusion under consumer courts opened flood gates Once it was told that consumer court can enquire, Police also too the power to enquire and filed under 304 A Till that time There were no arrests / remand for 304A Even Drivers used to be booked and then let out in "Station Bail" (Court Bail was not even needed) Only after then started arresting doctors under 304 A, they started arresting drivers too -- So When we demanded to exclude healthcare from consumer courts Union Govt accepted They even proposed the draft bill But it was opposed by few perverts They said when there is criminal liability, how can you remove consumer liability So The to Excluse Medical Treatment from Consumer Courts, you need to exclude Medical Management from Police Stations too To Exclude Medical Treatment from 304A You need to differentiate between Medical Treatment and other Issues So They have differentiated in New Law 106 This is the first step Section 106 of The Bharatiya Nyaya Sanhita (BNS): Causing death by negligence. (1) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. Explanation.— For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act. (2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine. There are lots more steps involved, and next, 106 will be amended to remove the punishment clause Next Doctors will be excluded from Consumer Courts. Supreme Court has already asked for review of the old judgement (please see ) Please remember that this mess has been created over 3 decades and cannot by undone on one day. We need to untie each knot one by one Please also look at BNS 26. Act not intended to cause death, done by consent in good faith for person's benefit. Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. Illustration : A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence So Doctors, Be Calm. Your Protection has been already included in Black and White As long there is a consent, Section 26 of BNS Applies. Article 106 is only when there is no consent So There is no point in shouting against Union Govt All you need to do is to Ask your state Governments to order the DGP to write to Police to invoke BNS Sec 26 whenever there is a consent. And Read BNS 26 again, the consent may be express or implied Tagging @bijlanirajesh sir and @DrDhruvchauhan Sir who have been discussing this Also Tagging @docbhooshan sir for his efforts earlier regarding this issue.

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