Indian criminal law | Updated 29 October 2026
IPC Section 166B: Punishment for Non-Treatment of Victim | BNS Section 200
Section 166B of the Indian Penal Code, 1860 punished the person in charge of a hospital for contravening the statutory duty to provide specified victims with prompt medical treatment. Since 1 July 2024, the corresponding offence is Section 200 of the Bharatiya Nyaya Sanhita, 2023 (BNS), read with Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
IPC Section 166B: Original provision and meaning
Under the former law, a person in charge of a hospital, whether public or private, run by the Central Government, State Government, a local body or any other person, who contravened Section 357C of the Code of Criminal Procedure, 1973, was liable to imprisonment for a term up to one year, or fine, or both.
Section 166B focused on the responsibility of the person in charge of the hospital. Its operation depended on a breach of the specified statutory treatment duty, rather than every possible disagreement about hospital services.
Current law: BNS Section 200
Section 200 of the Bharatiya Nyaya Sanhita, 2023, titled Punishment for non-treatment of victim, provides that a person in charge of a public or private hospital who contravenes BNSS Section 397 may be punished with imprisonment for up to one year, or with fine, or with both.
The BNS took effect on 1 July 2024. For an alleged offence committed before that date, the former IPC and CrPC provisions may remain relevant subject to the applicable repeal, savings and transition rules.
BNSS Section 397: Mandatory free treatment of victims
Section 397 of the BNSS, 2023, titled Treatment of victims, requires all public and private hospitals, irrespective of whether they are operated by governments, local bodies or other persons, to:
- Immediately provide first aid or medical treatment, free of cost, to victims of the offences expressly listed in the section; and
- Immediately inform the police of the incident.
This is a statutory obligation for the specified categories of victims. A hospital should not delay covered emergency care while seeking payment or completing routine administrative formalities.
Offences and victims covered by BNSS Section 397
The provision expressly refers to victims of offences covered by the following provisions:
| Statute | Covered provisions | Broad subject |
|---|---|---|
| Bharatiya Nyaya Sanhita, 2023 | Sections 64, 65, 66, 67, 68, 70 and 71 | Specified rape and other sexual offences |
| Bharatiya Nyaya Sanhita, 2023 | Section 124(1) | Voluntarily causing grievous hurt by use of acid, etc. |
| Protection of Children from Sexual Offences Act, 2012 | Sections 4, 6, 8 and 10 | Specified penetrative and sexual assault offences against children |
Important: The criminal offence under BNS Section 200 is linked to the statutory duty under BNSS Section 397. Other emergency-care obligations may arise under separate laws, regulations, professional standards and judicial decisions, but should not automatically be described as offences under Section 200.
Essential ingredients of BNS Section 200
- The accused was the person in charge of a hospital, public or private.
- The circumstances involved a victim covered by the offences specified in BNSS Section 397.
- There was a contravention of the duty under that provision, such as failure to provide the required immediate free first aid or treatment.
- The prosecution proves the elements of the offence in accordance with applicable criminal law and evidence rules.
Whether a particular hospital officer was legally in charge, and whether the statutory duty was breached, must be established from the evidence in the individual case.
Punishment and procedural classification
| Issue | Position |
|---|---|
| Former penal provision | IPC Section 166B |
| Current penal provision | BNS Section 200 |
| Former treatment duty | CrPC Section 357C |
| Current treatment duty | BNSS Section 397 |
| Maximum imprisonment | One year |
| Fine | Fine may be imposed; no fixed maximum specified in Section 200 itself |
| Classification | Non-cognizable and bailable |
| Court | Magistrate of the first class |
The classification above follows the First Schedule to the BNSS, 2023. Other offences alleged on the same facts may carry different procedures or consequences.
Practical illustrations
Example 1: Refusal to provide immediate treatment
A hospital refuses to provide emergency first aid to a person with acid injuries falling under BNS Section 124(1) unless a deposit is paid. Such a refusal may amount to contravention of BNSS Section 397 and may attract BNS Section 200, subject to proof of the statutory elements.
Example 2: Delay because of police formalities
A covered sexual-assault victim arrives at a private hospital, but the person in charge delays necessary immediate treatment pending police paperwork. The statutory obligation is to provide the required treatment immediately and to inform the police.
Example 3: Other medical emergencies
A patient attends a hospital for an unrelated medical emergency not within the categories specified in BNSS Section 397. Other laws and duties may apply, but BNS Section 200 cannot be assumed to apply solely because treatment was delayed.
Practical steps where treatment is refused
- Seek urgent treatment from the nearest available emergency medical facility without delaying necessary care.
- Record the date, time, hospital details, names or designations of staff, and any stated reason for refusal, where safe and feasible.
- Preserve medical records, referrals, communications and payment demands.
- Inform the police or appropriate hospital administration and obtain legal advice about the applicable complaint procedure.
- Consider relevant legal-services or victim-support authorities where assistance is needed.
Frequently asked questions
What is IPC Section 166B?
Former IPC Section 166B penalised the person in charge of a public or private hospital for contravening the duty to provide treatment under Section 357C of the Code of Criminal Procedure, 1973.
Which BNS provision replaces IPC Section 166B?
Section 200 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 166B and refers to Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
What must hospitals provide under BNSS Section 397?
All public and private hospitals must immediately provide free first aid or medical treatment to victims of the offences expressly specified in Section 397 and immediately inform the police.
Which offences are covered by BNSS Section 397?
BNS Sections 64, 65, 66, 67, 68, 70, 71 and 124(1), and Sections 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012.
What is the punishment for non-treatment under BNS Section 200?
Imprisonment for a term extending to one year, or fine, or both.
Is the offence under BNS Section 200 bailable?
Under the BNSS First Schedule, it is non-cognizable and bailable, and triable by a Magistrate of the first class.
Does the law cover private hospitals?
Yes. BNSS Section 397 expressly covers public and private hospitals, including those run by governments, local bodies and other persons.
Does BNS Section 200 criminalise every refusal of medical treatment?
No. Section 200 concerns contravention of the specific duty in BNSS Section 397. Other legal or professional duties may apply in different medical emergencies.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - India Code (see Section 200).
- Bharatiya Nyaya Sanhita, 2023 - official PDF.
- Bharatiya Nagarik Suraksha Sanhita, 2023 - Bureau of Police Research and Development PDF (see Section 397 and First Schedule).
- BNSS chapter text - National Crime Records Bureau (see Section 397).
- India Code - official legislation database (historical IPC Section 166B and CrPC Section 357C).
- NCRB IPC-to-BNS correspondence table.
This article is general legal information. For a particular incident, verify the applicable legislation, local amendments, procedural rules and facts with a qualified legal professional.