Indian News

Jalandhar Hospital Oxygen Failure: Medical Negligence and BNS Section 106 Implications

Source: , Posted On:   29 July 2025

Introduction

The Interiors of the Sunrise Hospital, in the City of Jalandhar, lost their healing influence on July 24, 2025. When a sharp increase in patient inflow occurred, the central oxygen supply at the hospital failed.

Doctors rushed with the portable tanks, but in the case of 22 patients in intensive care, as well as newborns in the neonatal unit, their effort was too late. Families arrived to witness their loved ones struggling to breathe, and some passed away before receiving assistance.

This incident brings up a more profound question of what constitutes a medical error and what would criminal negligence be? Section 106 of the Bharatiya Nyaya Sanhita, 2023 (BNS), states that an act that results in death in a negligent situation is punishable by law.

For More Updates & Regular Notes Join Our Whats App Group (https://chat.whatsapp.com/DkucckgAEJbCtXwXr2yIt0) and Telegram Group ( https://t.me/legalmaestroeducators ) contact@legalmaestros.com.

Section 106, Bharatiya Nyaya Sanhita, 2023

Paragraph 106 of the BNS states:

And whoever will directly cause the death of any person by doing any rash or negligent act, not amounting to culpable homicide, shall be punished with imprisonment of either description for a term that may extend to two years, or shall be punishable with a fine, or with both.

This subsection is a new provision in place of the old IPC Section 304A that targets deaths caused due to negligence instead of killing with a motive. Simply put, where the death of a patient is caused when a medical practitioner fails to treat him or her with due care, then the law considers such negligence to be a criminal offense.

Facts of the Oxygen Failure

Around about 3 p.m., when the hospital was struggling with an increase in the number of Covid-19 patients, low oxygen pressure arose and was automatically alarmed. Maintenance records indicated the replacement of a pressure regulator after nine months without service.

Nurses even returned to manually swapping backup cylinders, but not all patients, especially those in intensive care, were able to receive prompt ventilation. The outcome was disastrous: six patients died within hours, and the rest of the sixteen in the following two days. This sequence is like an airplane piloted without an altimeter: the whole thing is that when key controls do not work successfully, the pilots lose their control, and this leads to disaster.

Why This Is Medical Negligence

Hospitals serve as our lifeboats during storms at sea; therefore, they must be equipped and seaworthy. Oxygen system is the life vessel of a hospital, just like the building’s fire extinguisher; when it fails, it causes a dire fate to people who happen to be trapped in the hospital. The duty violation required by the medical institutions to safeguard life due to a lack of maintenance on the oxygen regulator was evident in Jalandhar.

Illustration: The Leaky Roof Comparison

Suppose a tenant can see some water trickling past the ceiling of a bedroom when it is monsooning. They scream out to the landlord, and nothing gets fixed. One night, the tenant sustains injuries as the ceiling collapses. Inaction by a hospital in performing routine safety checkups of critical equipment poses threats to patients’ lives, similar to how a landlord’s inaction can result in harm.

Judicial Guidance: Jacob Mathew v. State of Punjab

In the famous Jacob Mathew v. The Supreme Court, in State of Punjab (2005), it held that Section 304A IPC, which now becomes Section 106 BNS, only imposes liability on the doctors when their acts are identified as gross negligence and not when they make a legitimate mistake of judgment.

The Court found Dr. Mathew not guilty and indicated that an empty oxygen cylinder in itself may certainly incur civil liability, but not some liability that is criminal in nature. Such a ruling established some guidelines so that criminal charges could not proceed without an appraisal by a medical board.

Illustration: The Chess Player Analogy

Take the example of a chess player who loses a piece and whose opponent’s queen has been able to checkmate him or her. It is not only a mistake but also not a crime. Assume the player tips the board and is hurt in front of the audience.

That turns out to be a conscious behavior that should be punished. Medical negligence cannot be related to mere errors; it has to be gross carelessness leading to a behavior that a prudent professional would never engage in.

Application to the Jalandhar Case

To prosecute under Section 106 BNS, the state must establish three key aspects: first, that a rash or careless act occurred; second, that this act directly caused death; and third, that there was no intention to kill.

In this case, not servicing a critical regulator in nine months and disregarding low-pressure warning signals several times has generated an impact beyond a few blunders towards gross negligence. In a case where Jacob Mathew’s guidelines were followed, families of the victim have lodged a First Information Report and have sought criminal charges as well as a complete investigation by a medical board.

Responsibility of Hospital Authorities

The Clinical Establishments (Registration and Regulation) Act 2010 mandates hospitals to keep registries of equipment servicing and follow the norms of patient safety. Section 15 of that Act mandates regular audits. If these procedures are overlooked, both the hospital administration and the relevant authorities could face criminal liability as outlined in Section 106 BNS.

Illustration: The Safety Net Analogy

Standard safety is similar to a net under a tightrope walker: when it is in adequate shape, a trip can be avoided. In Sunrise Hospital, the net of maintenance checks was so perforated that the walker patients could slip down and end in tragedy.

Conclusion

The Jalandhar oxygen failure is not merely a technical failure; it could be a violation of the basic pledge that the right to life of every patient will not be compromised. The Bharatiya Nyaya Sanhita has established a system that allows negligent parties to be held financially accountable, especially in situations where medical treatment has become a gamble with human life.

Even after this tragedy, hospitals in India have to bear in mind that there is no optimal health without cures but with absolute devotion to safety. Only after ensuring safety can we guarantee that the process of breathing will no longer be a threat but rather a right.

Back