A 2019 study by Indian Critical Care Medicine paints a concerning picture of violence in healthcare settings. The study found that over half (50%) of healthcare workers (HCWs) experienced verbal abuse, with physical violence affecting nearly 4% (3.7%). While the Indian Penal Code (IPC) doesn’t have specific sections solely for violence against doctors, it does have provisions that can be applied to these situations. This article will explore these IPC sections in detail to help us understand how the law can be used to stop violence against doctors.
Interestingly, younger HCWs (aged 20–30) were more likely to face both physical and verbal abuse (64% and 91%, respectively). Nurses were the most frequent targets of verbal abuse (49.3%), followed by junior residents (53%), senior residents (61%), and consultants (36%).
Notably, intensive care units (ICUs) and emergency departments were the most common locations for these incidents, accounting for 62% and 21%, respectively. This data highlights the prevalence and concerning nature of violence within healthcare environments.
Further, it emphasizes that violence against healthcare workers is not a new phenomenon but a concerning issue that existed well before the pandemic. Let us look into the Indian Penal Code (IPC) to understand the legal framework it provides to stop violence against doctors.
Stop Violence Against Doctors: A Look at Legal Protections under IPC
Both the central and state legislatures provide specific protections for healthcare personnel through dedicated legislation. Additionally, offenders face penal liability under the Indian Penal Code (IPC).
Anyone committing an offence against a healthcare professional is subject to penalties under the IPC. Acts of physical violence, assault, and attacks on doctors, nurses, their staff, and clinical establishments in India constitute several criminal offences under the Indian Penal Code (IPC) of 1860.
To strengthen protection for doctors, let’s analyze the provisions within the IPC that can help stop violence against doctors.
Category | Section(s) | Offense | Definition | Punishment |
Criminal Conspiracy | 120A, 120B | Criminal conspiracy | Agreement between two or more persons to do, or cause to be done, an illegal act or an act which is not illegal by illegal means. | Same as the punishment for the offense if serious; otherwise, up to 6 months, fine, or both. |
Offenses Against Public Tranquillity | 141, 143, 144 | Unlawful assembly | Assembly of five or more persons with a common objective to commit a crime or resist execution of law. | Up to 6 months, fine, or both (143); armed with deadly weapon: up to 2 years, fine, or both (144). |
| 146, 147, 148 | Rioting | Use of force or violence by an unlawful assembly. | Up to 2 years, fine, or both (147); armed with deadly weapon: up to 3 years, fine, or both (148). |
| 159, 160 | Affray | When two or more persons fight in a public place, disturbing public peace. | Up to 1 month, fine up to ₹100, or both(160). |
Offenses Affecting Public Health, Safety, Convenience, Decency, and Morals | 268, 269, 294 | Public nuisance, negligent act likely to spread infection, obscene acts and songs | Act causing injury, danger, or annoyance to the public (268); negligent act likely to spread infection of disease (269); obscene acts and songs in public places (294). | Up to 6 months, fine, or both (269); up to 3 months, fine, or both (294). |
Crimes Against the Human Body | 319, 323, 324 | Hurt | Bodily pain, disease, or infirmity caused to any person (319); voluntarily causing hurt (323); voluntarily causing hurt by dangerous weapons or means (324). | Up to 1 year, fine up to ₹1,000, or both (323); up to 3 years, fine, or both (324). |
| 320, 325, 326, 326A | Grievous hurt | Injuries of a more serious nature, such as loss of limb or permanent disfigurement (320); voluntarily causing grievous hurt (325); voluntarily causing grievous hurt by dangerous weapons or means (326); acid attacks causing grievous hurt (326A). | Up to 7 years, fine, or both (325); up to 10 years, fine, or both (326); not less than 10 years to life, fine (326A). |
| 336, 337, 338 | Acts endangering life or personal safety | Act endangering life or personal safety of others (336); causing hurt by act endangering life or personal safety (337); causing grievous hurt by act endangering life or personal safety (338). | Up to 3 months, fine up to ₹250, or both (336); up to 6 months, fine up to ₹500, or both (337); up to 2 years, fine up to ₹1,000, or both (338). |
| 339, 341 | Wrongful restraint | Voluntarily obstructing someone to prevent them from proceeding in any direction. | Up to 1 month, fine up to ₹500, or both. |
| 350, 351, 352, 355 | Criminal force and assault | Intentionally using force to any person without that person’s consent (350); making any gesture or preparation intending to use criminal force (351). | Up to 3 months, fine up to ₹500, or both (352); up to 2 years, fine, or both (355). |
Offenses Against Property | 378, 379 | Theft | Dishonestly taking any movable property out of the possession of any person without their consent. | Up to 3 years, fine, or both. |
| 390, 392, 393, 394 | Robbery | Theft or extortion accompanied by violence or threat of violence (390); robbery (392); attempt to commit robbery (393); voluntarily causing hurt in committing robbery (394). | Up to 10 years, fine; up to 14 years in some cases (392); up to 7 years, fine (393); up to life, rigorous imprisonment up to 10 years, and fine (394). |
| 391, 395 | Dacoity | Robbery committed by five or more persons. | Life imprisonment or rigorous imprisonment up to 10 years, and fine. |
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425, 426 | Mischief | Causing destruction or damage to property with the intent to cause, or knowing it to be likely to cause, wrongful loss or damage. | Up to 3 months, fine, or both. |
| 441, 447 | Criminal trespass | Entering or remaining in property in possession of another with the intent to commit an offense or intimidate, insult, or annoy any person in possession of such property. | Up to 3 months, a fine up to ₹500, or both. |
Other Offenses | 499, 500 | Defamation | Making or publishing any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of such person. | Up to 2 years, fine, or both. |
| 503, 504, 506 | Criminal intimidation, insult, and annoyance | Threatening any person with injury to their person, reputation, or property, or to the person or reputation of anyone in whom that person is interested, with intent to cause alarm (503); intentional insult with intent to provoke breach of peace (504). | Up to 2 years, fine, or both (504); Up to 7 years, fine, or both (506). |
In light of the recent revision of the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS), it’s crucial to examine the updated legal measures for the prevention of violence against doctors in India. By exploring these aspects, we can gain a comprehensive understanding of how the legal system protects healthcare professionals.
Violence is a serious and widespread issue in healthcare settings, occurring more frequently than in other industries. This violence can take many forms and involve anyone, leaving doctors often unprepared to handle these situations.
However, there are ways to reduce the potential for violence and the total number of violent episodes. Given its significant impact, addressing this problem in a structured and effective manner is crucial for improving the safety and well-being of healthcare workers and patients worldwide.
We trust this article has empowered you with knowledge of legal measures to stop violence against doctors in India.
Check out: Doctors In India: Under Attack And Undervalued—A Call To Action.
