Section 170 BNS: Joining Assembly Commanded to Disperse

Section 170 of Bharatiya Nyaya Sanhita: Non-Treatment of Victim by Hospital Authority

Official Bare Act Text

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

(1) Whoever—

(i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or

(ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery:

Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.

(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.

(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023

Official BNSS Schedule I

Offence / Provision	Statutory Punishment	Bail Status	Cognizance	Trial Jurisdiction	Old IPC Equivalent
Section 170 BNS Non-Treatment of Victim by Hospital Authority	Imprisonment extending to 1 year, or fine, or both.	Bailable	Non-Cognizable	Magistrate 1st Class	Formerly Sec 166B IPC

Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

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.

Section 170: Non-Treatment of Victim by Hospital Authority

Section 170 of Bharatiya Nyaya Sanhita: Non-Treatment of Victim by Hospital Authority

BNSS First Schedule Legal Classification

Legal Commentary & Landmark Judgments: Section 170