As the Centre is all set to implement the three new criminal laws from July 1, the Indian Medical Association (IMA) on Saturday appealed to Prime Minister Narendra Modi to issue a circular memorandum on the provisions under Section 26 of the Bharatiya Nyaya Sanhita (BNS) for the benefit of all.
The IMA has suggested that cases of alleged medical negligence should first be registered under Section 26 of the newly-enacted criminal code.
According to Section 26 of the BNS, “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.”
The doctors’ association argued that an order from the PMO providing further clarifications on provisions under Sections 26 of the BNS should be issued for the benefit of investigating officers.