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Bharatiya Nyaya Sanhita a Bane of NMC Registered Physicians

Vivekanshu Verma, Shri Gopal Kabra

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Indian Journal of Legal Medicine 05(01):p 31-48, JAN-JUNE 2026. | DOI: https://doi.org/10.21088/ijlm.2348.9987.5126.4

How Cite This Article:

Shri Gopal Kabra, Vivekanshu Verma. Bharatiya Nyaya Sanhita a Bane of NMC Registered Physicians. Indi J of Legal Medi. 2026; 5(1): 31–48

Timeline

Received : December 08, 2025         Accepted : January 10, 2026          Published : June 30, 2026

Abstract

The Bharatiya Nyaya Sanhita, 2023 (BNS) introduced Section 106(1) establishing a special liability regime for registered medical practitioners in cases of rash or negligent acts causing death. This article examines the interaction between Section 106(1) and the mandatory General Exceptions framework prescribed under Section 3(1) of the BNS. Through systematic statutory construction, this study demonstrates that the exception clauses under Sections 17-30 of the BNS are constitutive elements of every penal offence definition, not mere defenses. Consequently, the reduced punishment prescribed under Section 106(1) does not create absolute criminal liability for medical professionals; rather, it operates only when negligence is established beyond the protective scope of General Exceptions. The article analyzes landmark judicial principles, statutory hierarchy, and medico-legal standards to argue that competent, good-faith medical acts remain decriminalized under the BNS framework. This interpretation reconciles apparent tensions between Section 106(1) and exception clauses, providing legal clarity for registered medical practitioners and informing evidence-based policy on medical professional liability in India.

References

  • 1.   Parliament of India. (2023). Bharatiya Nyaya Sanhita, 2023 (No. 1 of 2023). Government of India, Ministry of Law and Justice. https:// legislative.gov.in/documents/acts/bharatiyanyaya-sanhita-2023
  • 2.   Supreme Court of India. (1995). Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955. Doctrine of harmonious construction as established in multiple constitutional judgments. https://indiankanoon.org
  • 3.   Rozenberg, J. (2004). Medical Law and Professional Negligence (4th ed.). Oxford University Press. Discussion of Bolam and Bolitho standards in Common Law medical negligence frameworks.
  • 4.   National Medical Commission. (2019). National Medical Commission Act, 2019 (No. 28 of 2019). Government of India, Ministry of Health and Family Welfare. https://www. nmc.org.in
  • 5.   Indian Medical Association. (2024). MedicoLegal Guidelines for Professional Practice. Guidance on statutory exceptions and professional protections under BNS. https:// www.ima-india.org
  • 6.   International Commission on Occupational Health. (2023). Guidelines on Medical Professional Liability and Criminal Accountability. International standards for balancing accountability and professional protection.
  • 7.   Apte, V. M. (1965). The Practical SanskritEnglish Dictionary. Prasad Prakashan. Reference for Sanskrit etymological analysis of legal terminology.
  • 8.   Manusmriti (Translated by Doniger, W., & Smith, B. K.). (1991). The Laws of Manu. Penguin Classics. Historical jurisprudential foundations of professional responsibility and accountability

Data Sharing Statement

There are no additional data available. All raw data and code are available upon request.

Funding

This research received no funding.

Author Contributions

All authors contributed significantly to the work and approve its publication.

Ethics Declaration

This article does not involve any human or animal subjects, and therefore does not require ethics approval.

Acknowledgements

We would like to express our gratitude to the patients, their families, and all those who have contributed to this study.

Conflicts of Interest

The authors report no conflicts of interest in this work.

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Cite this article

Shri Gopal Kabra, Vivekanshu Verma. Bharatiya Nyaya Sanhita a Bane of NMC Registered Physicians. Indi J of Legal Medi. 2026; 5(1): 31–48

Licence:

Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.

Received Accepted Published
December 08, 2025 January 10, 2026 June 30, 2026
DOI: https://doi.org/10.21088/ijlm.2348.9987.5126.4

Keywords

Bharatiya Nyaya SanhitaSection 106(1)General ExceptionsMedical NegligenceCriminal LiabilityRegistered Medical PractitionersStatutory InterpretationSection 3(1)Good FaithMedical Professional ProtectionBNS Decriminalization

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Timeline

Received December 08, 2025
Accepted January 10, 2026
Published June 30, 2026

licence

Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.


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