Bharatiya Nyaya Sanhita, 2023
Section 200
Punishment for non-treatment of victim
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.
Why this exists
This provision continues a reform first introduced into Indian criminal procedure after the 2012 Delhi gang-rape case, which exposed how victims of acid attacks, rape, and similar crimes were sometimes turned away by hospitals demanding police paperwork or payment before treatment. The law (originally Section 357C of the CrPC, now Section 397 of the BNSS) made it mandatory for every hospital, public or private, to give free first-aid or medical treatment immediately and to inform the police. Section 200 of the BNS backs this duty with a criminal penalty so hospitals cannot ignore it.
Common misconceptions
- Myth: Only government hospitals must follow this rule.
Fact: The law applies equally to private hospitals, government hospitals, and those run by local bodies — any hospital 'in charge' of care must comply. - Myth: Hospitals can wait for a police complaint before treating a victim.
Fact: Under the referenced Section 397 of the BNSS, treatment must be given immediately; informing police is a separate duty that comes after, not before, treatment.