Section 170: Non-Treatment of Victim by Hospital Authority

Bharatiya Nyaya Sanhita • Chapter VII: Of Offences Against the State & Armed Forces • Official Statutory Text & Legal Guide

Chapter VII: Of Offences Against the State & Armed Forces
Magistrate 1st Class
Bailable
Non-Cognizable
Formerly Sec 166B IPC

Legal Commentary & Landmark Judgments: Section 170

Section 170 penalizes the person in charge of a hospital, public or private, who fails to provide immediate first-aid or medical treatment free of cost to victims of rape and acid attack, prescribing imprisonment up to one year, or fine, or both.

  • Universal Hospital Coverage: Applies to all hospitals, public or private, whether run by Central, State Government, local bodies, or private corporations.
  • Mandatory Free Treatment: Mandates immediate free-of-cost first-aid and medical treatment to victims of sexual assault and acid attacks under Section 396 BNSS (former 357C CrPC).
  • Immediate Police Notification: Hospital authorities must immediately inform the police of the medical arrival.
Key Landmark Precedents:
  • Parmanand Katara v. Union of India (1989) 4 SCC 286: A landmark Constitution ruling: held that preservation of human life is paramount; every doctor, whether in government or private hospital, has a professional duty to extend immediate medical care to accident and trauma victims without waiting for police formalities.
  • Laxmi v. Union of India (2014) 4 SCC 427: The Supreme Court directed that all hospitals across India must treat acid attack and rape survivors free of cost, and non-compliance will trigger Section 166B IPC (Section 170 BNS) prosecution.
Courtroom Practice & Strategic Litigation Guidance:

If a private hospital demands advance cash deposits or refuses to treat a rape or acid attack victim before police arrival, cite Section 170 BNS and Section 396 BNSS: medical treatment must begin immediately; refusal is an actionable criminal offence against the hospital administrator.