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Medical Negligence Deaths No Longer Criminal: Govt Revamps Criminal Law in India


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In a monumental move, Union Home Minister Amit Shah announced plans to exempt doctors from criminal prosecution in cases of death due to medical negligence. This amendment, welcomed by medicos and medical associations, seeks to remove the harsh label of “criminal negligence” currently associated with such cases.

The announcement came during the passing of three crucial criminal law bills, marking a significant shift in India’s legal landscape. Shah emphasized the need to differentiate negligent deaths from culpable homicide, stating that equating the two discourages doctors from practicing freely. He acknowledged the Indian Medical Association’s (IMA) plea for decriminalization, underscoring the government’s commitment to supporting the medical fraternity.

Previously, under IPC Section 304A, doctors faced potential imprisonment for negligent deaths, even though they weren’t deemed culpable homicides. This created undue stress and hindered effective medical practice.

The medical community celebrated the proposed change, with IMA expressing gratitude to the government and Prime Minister Modi. Dr. Rohan Krishnan, national chairman of FAIMA, called it a “pivotal shift” in medical jurisprudence, echoing the sentiment of other associations.

This landmark decision, while sparking debate, signifies a potential shift towards a more nuanced legal framework acknowledging the complexities of healthcare. It remains to be seen how the amendment will be implemented and its long-term effects on both patients and medical professionals.

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