 bill no 152  of  2014 the indian penal code (amendment) bill, 2014 by dr kirit premjibhai solanki, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1  this act may be called the indian penal code (amendment) act, 201445 of 186052 after section 304a of the indian penal code, 1860, the following section shall be inserted, namely:—insertion of new section 304aa10wilful medical negligence not amounting to culpable homicide"304aa (1) whoever, being a registered medical practitioner or a person assisting such registered medical practitioner, causes the death of any person during the course of his treatment including surgical treatment due to any wilful medical negligence not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to one year and also with fine, which may extend to rupees fifty thousand(2) no arrest under sub-section (1) shall be made till the offence of causing death due to wilful medical negligence is establishedexplanation— for the purpose of sub-section (2), the offence of causing death due to wilful medical negligence shall be taken as established only if the findings of the inquiry made by the investigating officer supports the fact of death due to wilful medical negligence"5 statement of objects and reasonsit has been noticed that in case of death during or after medical treatment, the relatives of the deceased lodge criminal medical negligence complaints against treating doctor under section 304 or 304a of the indian penal code, 1860 and demand arrest of treating doctors ideally, the medical criminal negligence is required to be established on the basis of prima facie evidence formed on the basis of examination of reports of post mortem, pathological lab tests or opinion of experts in medical fieldtherefore, every due care and caution is required to be exercised in prosecuting doctors for medical negligence, if any, in the interest of society in case of death of patient due to medical negligence on the part of treating doctors, the investigating officer should exercise due care before registering a case of medical negligence the police officials should not arrest a doctor for medical negligence on the basis of mere opinion of relatives or on receipt of complaints from them rather, experts' opinion, post mortem reports, forensic report and other evidence should be given due weightage to make a case of medical negligencethe bill seeks to provide that in wilful medical negligence cases, doctors should not be held criminally responsible or arrested immediately on complaints unless there is prima  facie evidence supporting the charges of negligent acthence this billnew delhi;kirit premjibhai solankinovember 5, 2014———— a billfurther to amend the indian penal code, 1860————(dr kirit premjibhai solanki, mp)