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