Section 200 BNS: Non-Treatment of Victim by Hospital (Formerly Section 166B IPC)

Section 200 of Bharatiya Nyaya Sanhita: Non-Treatment of Victim by Hospital

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 200

Section 200 of the BNS, 2023 mandates that all hospitals, whether public, private, or local authority run, must provide immediate emergency first-aid and medical treatment to victims of acid attack or sexual assault free of cost, penalising non-compliance.

Covered Facilities: Applies universally across all healthcare facilities—government, local authority, and private corporate hospitals.
Mandatory Emergency Care: Imposes an unconditional statutory obligation to provide immediate, free medical treatment and first-aid to victims of acid attacks or rape.
Requisite Notification: Mandates immediate notification of the nearest police station following emergency medical stabilization.

Key Landmark Precedents:

Pt. Parmanand Katara v. Union of India (1989) 4 SCC 286: The Supreme Court laid down that preservation of human life is paramount; every doctor has a professional and legal duty to treat injured persons immediately without waiting for police clearance.
Laxmi v. Union of India (2014) 4 SCC 427: The Apex Court directed that both government and private hospitals must provide completely free medical care, reconstructive surgeries, and medicines to acid attack survivors, making refusal punishable.

Courtroom Practice & Strategic Litigation Guidance:

Defence in Section 200 proceedings must focus on medical infrastructure limitations or bona fide referral after immediate life-stabilization. Hospitals must maintain explicit emergency intake registers recording victim triage and immediate police intimation logs.

Section 200: Non-Treatment of Victim by Hospital

Section 200 of Bharatiya Nyaya Sanhita: Non-Treatment of Victim by Hospital

Legal Commentary & Landmark Judgments: Section 200