Code: Section 200 BNS
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.
Explanation of Section 200 BNS
Section 200 of the Bharatiya Nyaya Sanhita (BNS), 2023, establishes legal consequences for hospitals or their in-charge personnel who deny treatment to victims of accidents or crimes.
Key Elements of Section 200 BNS
- Who is covered?
- All hospitals (public or private).
- Hospitals run by the government, local bodies, or private individuals/organizations.
- What constitutes an offence?
- Failure to provide medical treatment to victims as per Section 397 BNSS.
- Punishment:
- Imprisonment up to one year.
- Fine.
- Or both, depending on the severity of the violation.
Illustration of Section 200 BNS
Example 1: Denial of Emergency Treatment
A victim of a road accident is brought to a private hospital, but the hospital refuses to provide treatment because the victim cannot pay the deposit fee. This violates Section 397 BNSS, making the hospital liable under Section 200 BNS.
Example 2: Refusal to Treat a Crime Victim
A person who has suffered gunshot wounds is brought to a government hospital, but the hospital refuses to admit the patient, stating that a police report (FIR) is required first. Since hospitals are required to provide immediate treatment, this is punishable under Section 200 BNS.
Common Questions and Answers on Section 200 BNS
1. Can a private hospital refuse treatment for financial reasons?
- No, under Section 397 BNSS, all hospitals (public or private) must provide immediate emergency treatment.
- Failure to do so results in punishment under Section 200 BNS.
2. What is the punishment for violating Section 200 BNS?
- Imprisonment up to one year.
- Fine (amount decided by the court).
- Or both, depending on the case.
3. Does a hospital need police permission before treating a crime victim?
- No, hospitals cannot delay treatment due to the absence of an FIR or police report.
- Immediate treatment must be provided first, and legal formalities can follow later.
4. Can a doctor be personally punished under Section 200 BNS?
- If the doctor-in-charge of a hospital knowingly refuses treatment, they can be held responsible under this section.
- However, the primary liability lies with the hospital administration.
5. What should a victim do if a hospital refuses treatment?
- Report the matter to the local police or magistrate.
- File a complaint with health authorities or consumer protection forums.
- Seek legal recourse under Section 200 BNS.
Conclusion
Section 200 BNS ensures that no victim is denied medical care due to legal, financial, or administrative reasons. Hospitals, whether government or private, must prioritize saving lives, and failure to comply results in legal punishment.
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