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Section 200: Non-Treatment of Victim by Hospital

Bharatiya Nyaya Sanhita • Chapter XI: Of Offences by or Relating to Public Servants • Official Statutory Text & Legal Guide

Chapter XI: Of Offences by or Relating to Public Servants
Magistrate 1st Class
Bailable
Non-Cognizable
Formerly Sec 166B IPC
Section 199 All 358 Sections of Bharatiya Nyaya Sanhita Section 201

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 200 BNS
Non-Treatment of Victim by Hospital
 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 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 199 All 358 Sections of Bharatiya Nyaya Sanhita Section 201