The Indian Medical Association (IMA) has written to Prime Minister Narendra Modi, urging that investigating officers invoke protective provisions under the Bharatiya Nyaya Sanhita (BNS) in cases of alleged criminal medical negligence. The IMA contends that doctors do not possess criminal intent (mens rea) in such situations and therefore should not be subject to criminal prosecution.

In its letter, the IMA highlighted that treating a patient involves no criminal intent and that negligence in such cases should not attract criminal prosecution. Union Home Minister Amit Shah recently acknowledged in Parliament that a death occurring during medical treatment does not constitute murder. The new BNS legislation introduced by the Government reflects this understanding in Section 26. The IMA has requested that investigating officers apply this provision when dealing with allegations of medical negligence. In rare instances of recklessness, the IMA suggests that the case should be referred to an expert committee for evaluation.

IMA President Dr. R.V. Asokan emphasized that Section 26 of the BNS explicitly states that doctors fall outside the scope of criminal law. He has demanded the deletion of Section 106.1, which currently allows for criminal prosecution of doctors in cases of alleged medical negligence. According to Dr. Asokan, without criminal intent, doctors should only be accountable under civil law (Law of Torts), not criminal law. The IMA is committed to ensuring that doctors are exempt from criminal prosecution in these circumstances.

The IMA also highlighted the difficult conditions under which doctors in India practice, marked by a pervasive atmosphere of fear and mistrust in hospitals. The association described the violence against doctors and hospitals as reaching epidemic proportions, calling it a "national shame."

The letter also noted that the Government had initiated a bill to address violence against doctors and hospitals, which was open for public comments but has yet to be introduced in Parliament. The Government had previously amended the Epidemic Diseases Act of 1897 to protect doctors during the COVID-19 pandemic, showcasing its willingness to safeguard healthcare professionals.

The IMA called for a central law to be enacted to deter attacks on doctors and hospitals, strengthening the currently ineffective state legislations in 23 states. Despite numerous violent incidents, very few convictions have occurred under these state laws.

In summary, the IMA's letter to Prime Minister Modi seeks to ensure that doctors are protected from unwarranted criminal prosecution and urges the Government to enact robust legislation to curb violence against healthcare professionals. The association hopes these measures will provide much-needed relief to doctors and restore trust and safety within the medical community.