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Introduction of new criminal laws in India: Implications and changes

Content Editor: Dr Sumana Mukhopadhyay

April 13, 2024 at 2:00:00 PM

Public health law, Penal code

Content Editor: Dr Sumana Mukhopadhyay
  • The Bharatiya Nyaya Sanhita 2023, Bharatiya Nakrik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam 2023 introduced three new criminal laws, which will be effective from July 1, 2024.

  • Bharatiya Nyaya Sanhita 2023 replaces the Indian Penal Code 1860, necessitating awareness among healthcare practitioners to avoid medicolegal issues.

  • The new criminal laws are currently being communicated to all states and Union Territories.

  • States and Union Territories are urged to conduct awareness campaigns to effectively communicate the key provisions of the three new criminal laws concerning medicolegal cases to all medical practitioners across clinical establishments within their jurisdiction.

  • Previously, IPC 304A addressed negligent acts resulting in death, punishable by up to 2 years in prison.

  • IPC 336 and 337 covered acts endangering human life or safety, carrying penalties of up to 2 and 6 months of imprisonment, respectively.

  • IPC 338 dealt with causing harm due to negligence, with penalties of up to 6 months of imprisonment.

  • However, revisions under the new laws have altered these penalties.

  • Under the new Act, Section 106 addresses causing death by negligence, extending the punishment to 5 years with fines, particularly emphasizing a 2-year imprisonment for registered medical practitioners.

  • Retaining the punishment of Section 304A for doctors, the new law extends liability to 5 years for others.

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