Kathmandu, March 22

The Law, Justice and Human Rights Committee of the House of Representatives today endorsed the amendment proposed by the National Assembly to criminal procedure code whereby a doctor, who is accused of treating a patient negligently, would not face criminal prosecution immediately after the incident.

This means a doctor accused of negligence will not be arrested soon after an FIR is filed against him/her. This decision of the panel addresses the concerns of the doctors’ umbrella body, Nepal Medical Association, which had demanded that criminal prosecution be initiated against doctors accused of acting negligently only after an investigation by a committee comprising experts and other representatives.

The HoR committee today approved amendment to the provisions of the penal code to address doctors’ concern regarding four sections. Doctors had expressed concern saying that the provisions could be invoked even against doctors who did their job honestly. The panel also endorsed the Upper House’s proposal to form a five-member committee to probe alleged negligence by doctors.

The panel also approved the NA’s decision to amend   two sub-sections of Section 189 of   the penal code to address doctors’ concerns regarding sections 231, 232, 233 and 238 of penal code.

As per the amendment, the investigation committee will be led by an expert doctor recommended by the Nepal Medical Council and have four members — a joint secretary of  the Ministry of Health and Population, a DIG of Nepal Police and a person appointed by the government from among the persons who have worked to promote consumer welfare.

As per the amendment, if the five-member committee finds a doctor guilty of negligence while treating any patient, the committee would recommend prosecution against the erring doctor following which the police can investigate the case.

Section 232 of the penal code proposes to impose a jail sentence not exceeding five years and a fine not exceeding Rs 50,000 on a doctor, if s/he is found to have caused death or maimed a patient by reckless acts during treatment.

Moreover, Section 232 adds that if a doctor causes death or maims a patient by negligent acts, then s/he will face a jail sentence not exceeding three years and a fine not exceeding Rs 30,000. Nepal Medical Association, an umbrella organisation of doctors across the country, had criticised the act and asked the government to amend the provisions.

After the government wrote a letter urging the Parliament to amend the provisions of the penal code, the Legislation Management Committee of National Assembly drafted the amendment proposal. The amendment bill was forwarded by the NA to the HoR for final approval. The HoR is likely to pass the bill on Sunday. Then, the bill will be forwarded to the President’s Office for authentication.