Invoke protective provision in case of medical negligence: IMA to PM

The Indian Medical Association (IMA) has written to Prime Minister Narendra Modi highlighting that an investigating officer should invoke the protective provision under the Bharatiya Nyaya Sanhita in cases of alleged criminal medical negligence.

The IMA pointed out that there is no criminal intent (mens rhea) on the part of a doctor while treating a patient and there is no negligence to attract criminal prosecution.

"Union Home Minister Amit Shah ji acknowledged on the floor of the Parliament that death during treatment is not murder. The new BNS legislation brought up by your Government reflects on this aspect in section 26. IMA kindly request the Government that the investigating officer invoke this provision in cases of alleged medical negligence. In the rarest of rare cases which might be considered as recklessness the investigating officer may prefer the case to an expert committee for opinion," the IMA said in the letter sent recently.

When contacted, IMA President Dr R V Asok