Section 200 BNS: Punishment for Non-Treatment of Victim by Hospital

Section 200 of the Bharatiya Nyaya Sanhita, 2023 penalises the person in charge of a hospital, whether public or private, for contravening the mandatory victim-treatment duties imposed by Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Law in force: The Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, subject to the statutory exception relating to section 106(2) in the BNSS First Schedule.

Text of Section 200 BNS

200. 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 may extend to one year, or with fine, or with both.

Section 397 BNSS: Mandatory Treatment of Victims

Section 397 BNSS requires every hospital, public or private, whether run by the Central Government, State Government, local bodies or any other person, to immediately provide first-aid or medical treatment free of cost to victims of the offences specified in that section and to immediately inform the police of the incident.

Two immediate duties: The statutory obligation is not limited to treatment. The hospital must both provide the required first-aid or medical treatment free of cost and immediately inform the police.

Victims Covered by Section 397 BNSS

Section 397 BNSS applies to victims of offences covered under Sections 64, 65, 66, 67, 68, 70, 71 and Section 124(1) BNS, and also to victims of offences under Sections 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012.

Accordingly, Section 200 BNS is linked to a defined class of serious offences and is not a general penal provision for every dispute concerning hospital treatment.

Essential Ingredients of Section 200

The accused must be the person in charge of a hospital.
The hospital may be public or private and may be run by Government, a local body or any other person.
There must be a contravention of Section 397 BNSS.
The Section 397 duty must relate to a victim of one of the offences specified in that provision.

Punishment, Cognizability, Bail and Court

Provision	Punishment	Cognizable	Bailable	Triable by
Section 200 BNS	Imprisonment up to 1 year, or fine, or both	No - non-cognizable	Yes	Magistrate of the First Class

Official Resources

This page is intended as general legal information. Application of Section 200 BNS depends on the nature of the hospital, the victim, the underlying offence, the treatment offered or refused and compliance with Section 397 BNSS.