New Delhi: The Bharatiya Nyaya Sanhita, 2023 (BNS) marks a turning point in India’s criminal law, replacing the colonial-era IPC, 1860. Among its most debated changes is Section 106, which reshapes criminal liability for medical negligence and raises concerns about its impact on patient safety and medical autonomy.

A major shift introduced by the BNS is the mandatory imprisonment clause for deaths caused by a registered medical practitioner’s negligent act. Under Section 304A IPC, judges could impose a fine without imprisonment, allowing differentiation between ordinary negligence and gross misconduct. Section 106(1) now mandates imprisonment of up to two years, removing judicial discretion and triggering worries within the medical community. The Indian Medical Association warns that the absence of a........

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