Medical law and ethics: punishment for death by medical negligence: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Medical law and ethics: punishment for death by medical negligence

Sample item

A registered medical practitioner is convicted of causing the death of a patient by a negligent act in the course of a medical procedure. What is the maximum imprisonment under the Bharatiya Nyaya Sanhita?

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

D. Up to two years, with fine

The BNS provision on causing death by negligence provides imprisonment up to five years, but a lower maximum of two years and fine applies to a registered medical practitioner for a negligent act while performing a medical procedure. Criminal liability needs gross negligence, as laid down in Jacob Mathew v State of Punjab.

Option by option

  • A. Up to five years, with fine

    Five years is the general maximum for death by negligence, not the limit for a doctor in a procedure.

  • B. Up to ten years, with fine

    Ten years is well above the maximum for death by negligence.

  • C. Up to seven years, with fine

    Seven years is higher than the maximum provided for this offence.

  • D. Up to two years, with fine (correct)

    Correct. A registered doctor in a medical procedure faces up to two years and fine.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

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Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is D, Up to two years, with fine. The BNS provision on causing death by negligence provides imprisonment up to five years, but a lower maximum of two years and fine applies to a registered medical practitioner for a negligent act while performing a medical procedure.

Why is "Up to five years, with fine" not the answer?

Five years is the general maximum for death by negligence, not the limit for a doctor in a procedure.

Why is "Up to ten years, with fine" not the answer?

Ten years is well above the maximum for death by negligence.

Why is "Up to seven years, with fine" not the answer?

Seven years is higher than the maximum provided for this offence.

What concept does this question test?

It tests Medical law and ethics: punishment for death by medical negligence in Forensic Medicine. Criminal liability needs gross negligence, as laid down in Jacob Mathew v State of Punjab.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Medical law and ethics: punishment for death by medical negligence?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.