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Bharatiya Nyaya Sanhita, 2023 Chapter XII · Of Offences By or Relating to Public Servants
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Bharatiya Nyaya Sanhita, 2023 — Section 200

Punishment for Non-Treatment of Victim

Section 200 punishes any person in charge of a hospital, whether public or private, and whether run by the Central Government, a State Government, local bodies, or any other person, who contravenes Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with imprisonment of up to one year, or fine, or both.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 200 to old IPC Section 166B.

BNS sectionIPC, 1860 equivalentCategory
200166BOld-law text not compared

The wording of old IPC Section 166B is not reproduced on this page, so no word-by-word comparison with it is stated here; readers who need that comparison should consult the amended IPC directly.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 1 year, or fine, or both — non-cognizable, bailable, and triable by a Magistrate of the first class. Not compoundable: Section 200 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “Magistrate of the first class” does not include Executive Magistrates (Explanatory Note (2)).

Statutory Text (Verbatim)

Whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Failure by a hospital in-charge to comply with Section 397, BNSS

Explanation (Lexovia's Commentary)

Whoever is in charge of a hospital — public or private, and regardless of whether it is run by the Central Government, a State Government, local bodies, or any other person — and who contravenes the requirements laid down in Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, commits this offence. The provision is drafted to apply uniformly across the entire range of hospital operators, without distinguishing between government-run and privately-run institutions.

Illustration (Lexovia's Own Example)
The person in charge of a privately-run hospital fails to comply with the requirements laid down in Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the treatment of a victim brought to that hospital. This falls within Section 200.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 200 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

Pt. Parmanand Katara v. Union of India & Ors., AIR 1989 SC 2039 (Supreme Court of India, Writ Petition (Criminal) No. 270 of 1988, decided 28 August 1989, Ranganath Misra & G.L. Oza, JJ.)

Quoted Paragraph (Verbatim)
pp. 1005–1006, margin H–A (SCR report pre-dates paragraph numbering)
“Article 21 of the Constitution casts the obligation on the State to preserve life … A doctor at the Government hospital positioned to meet this State obligation is, therefore, duty-bound to extend medical assistance for preserving life. Every doctor whether at a Government hospital or otherwise has the professional obligation to extend his services with due expertise for protecting life. No law or State action can intervene to avoid/delay the discharge of the paramount obligation cast upon members of the medical profession.”
What This Judgment Means (Lexovia's Commentary)

A scooterist injured in a road accident was refused treatment at the nearest hospital and directed to a different, distant hospital authorised to handle medico-legal cases; he died before reaching it. On a public-interest writ, the Supreme Court held that preserving human life is of paramount importance, and that every doctor — government or private — has an absolute, unqualified professional obligation to provide immediate emergency medical aid, irrespective of whether the case is medico-legal in nature. Procedural formalities under the Criminal Procedure Code or police rules cannot be allowed to delay or obstruct that duty; those formalities must follow after the patient's life has been attended to, not before.

Currency check: decided August 1989; a foundational authority on a doctor’s duty to render emergency aid under Article 21; no adverse subsequent history found.

Source: copy of the judgment obtained from the Supreme Court of India's official website.

Related / Cross-Referenced Sections

FAQs

Who can be held liable under Section 200?

Any person in charge of a hospital, whether public or private, and regardless of which government or body operates it, who contravenes Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

What is the punishment under this section?

Imprisonment for a term which may extend to one year, or fine, or both.

Why doesn't this page compare Section 200 to the old law's text?

The official concordance maps this section to old IPC Section 166B, whose wording is not reproduced on this page. Readers who need a word-by-word comparison should consult the amended IPC directly.

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