BNS Section 200: Punishment For Non-Treatment Of Victim
Section 200 falls under Chapter 12 of the Bharatiya Nyaya Sanhita (BNS). Chapter 12 covers offences by or relating to public servants. Each section under this chapter deals with different offences related to specific actions that would be in contravention of a public servant’s code of conduct, legal obligation and duty. Section 200 specifically deals with the offence of denying medical care to the victim of a crime. Let us take a closer look at its provisions.
Definition of BNS Section 200
Section 200 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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 and Illustration of BNS Section 200
Section 200 provides for the offence of denying medical aid to victims of certain types of crimes. Let us break down certain keywords from this section so as to understand it better.
First and foremost, this section does not apply to every citizen of India, but to certain kinds of citizens having a specific kind of power due to their professional position, i.e., persons in charge of a hospital. It further clarifies that it applies to any person in charge of any hospital, be it public or private, whether run by the Central Government, the State Government, local bodies or any other person. In other words, no matter what the administrative status of the hospital is, a person in charge of a hospital is bound by the provisions of this section. So even though a person in charge of a private hospital is not technically a public servant, due to the sensitive and critical nature of their profession and its close correlation to criminal investigative procedures, for the purpose of this section they are to be treated as public servants.
It goes on to state that if such a person contravenes with the provisions laid down in section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, then they shall be punished under the provisions of this section. In other words, a person in charge of any hospital is duty bound, legally, by the provisions laid out under section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The BNSS is the replacement for the Indian Civil Code, just like the BNS is the replacement for the Indian Penal code But what are the provisions laid out under section 397 of BNSS?
Section 397 of the BNSS basically says that all hospitals, whether public or private, shall immediately, provide first-aid or medical treatment, free of cost, to the victims of certain offences that fall under the purview of the BNS as well as the Protection of Children from Sexual Offences Act, 2012 (POCSO). Let us take a look at the offences covered under section 397 of the BNSS.
| Section | Offence |
|---|---|
| BNS Offences covered under Sec 397 of the BNSS: | |
| 64 | Punishment for rape. |
| 65 | Punishment for rape in certain cases. |
| 66 | Punishment for causing death or resulting in persistent vegetative state of victim. |
| 67 | Sexual intercourse by husband upon his wife during separation. |
| 68 | Sexual intercourse by a person in authority. |
| 70 | Gang rape. |
| 71 | Punishment for repeat offenders. |
| 124 (1) | Voluntarily causing grievous hurt by use of acid, etc. |
| POCSO Offences covered under Sec 397 of the BNSS: | |
| 4 | Punishment for penetrative sexual assault |
| 6 | Punishment for aggravated penetrative sexual assault |
| 8 | Punishment for sexual assault |
| 10 | Punishment for aggravated sexual assault |
As one can see from the list, the crimes covered under section 397 of the BNSS are of a violent and sexual nature. And while all violent crimes require immediate medical aid, in the case of these crimes, there is a lot of medical evidence that goes into the investigation, including administering a rape kit within the scientifically prescribed time window for the collection of DNA samples. This is why a specific provision is made for such crimes due to the fleeting nature of crucial evidence in solving the crime and the dire and severe consequences of neglecting the provisions laid out in section 397.
Under the provisions of Section 200 of the BNS, contravention of section 397 of the BNSS shall attract imprisonment for a term which may extend to one year, or with fine, or with both. The amount of fine shall be prescribed by the judge based on the severity of the case.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points in BNS Section 200
This section deals with: Non-treatment of victim by hospital.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 200 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 200 of BNS replaces IPC Section 166B. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 200 | Punishment for non-treatment of the victim. | 166B | No change in provisions for offence. |
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FAQs about Section 200 of the Bharatiya Nyaya Sanhita (BNS)
What happens if a person refuses to treat a victim of a crime?
Any hospital which refuses to treat a victim of a crime of culpable under section 200 with the in charge of the hospital being held as the primary offender.
Who is responsible for treating a crime victim under Section 200 of the BNS?
Any hospital, private or public, which receives any victim of a crime for treatment is responsible for providing primary care and first aid to such victim.
What are the legal consequences for not providing treatment to a victim?
Any person in charge of a hospital which refuses to treat a victim of a crime shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Can a person be punished for failing to help a victim in an emergency?
Yes. If the person is a medical worker in a hospital and refuses to help a victim in an emergency, then the hospital shall be said to have committed an offence under Section 200.
What is considered non-treatment under Section 200 of the BNS?
Refusing to admit or provide primary care of first aid to a victim of a crime shall be considered as non-treatment which is an offence under Section 200.
Are there any exceptions to the punishment for non-treatment of a victim?
No. Unless the offender has been coerced into performing such an action or was not of sane mind at the time of such offence, there are no exceptions to this offence.
