Punishment for non-treatment of victim
Section 200 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 ma The Act came into force on 01 Jul 2024.
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.
Section 200, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Non-treatment of victim by hospital. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Dr.beena Bahuleyan vs State of Kerala
Court's Decision & Legal Precedent
The offence of non-treatment of a victim is attracted only upon contravention of Section 357C CrPC, and Section 357C obliges a hospital to give immediate free first aid or treatment only to a victim of one of the sexual offences it enumerates. A doctor who allegedly failed to examine a recovered missing child, who was not a victim of any enumerated offence, therefore commits no offence even if the entire allegation is accepted, and the prosecution was quashed (though the court directed departmental enquiry).
On this section: The leading construction of this section: it is entirely derivative of Section 357C (now Section 397 BNSS), so the class of victim is jurisdictional and a refusal of treatment to anyone outside that class cannot found the offence.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 200
What have the courts held on Section 200 of the Bharatiya Nyaya Sanhita?
Dr.beena Bahuleyan vs State of Kerala (21 Nov 2024) is the leading judgment on this section among those set out below: The leading construction of this section: it is entirely derivative of Section 357C (now Section 397 BNSS), so the class of victim is jurisdictional and a refusal of treatment to anyone outside that class cannot found the offence.
Is Section 200 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 200 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 200 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 200, section 200 BNS, section 200 of the Bharatiya Nyaya Sanhita. People searching for it also type ns 200. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dr.beena Bahuleyan vs State of Kerala (21 Nov 2024).
What should I read with Section 200 of the Bharatiya Nyaya Sanhita, and has it changed?
Its own text turns on Bharatiya Nagarik Suraksha Sanhita 397 (Treatment of victims), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 200 of the Bharatiya Nyaya Sanhita come into force?
Section 200 of the Bharatiya Nyaya Sanhita, cited as BNS 200, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.