Court Rules Investigation Exceeded Legal Boundaries Under Section 194 of Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant ruling, the Karnataka High Court has quashed multiple notices issued by the police to Cloudnine Hospital, Doddakallasandara, in connection with the alleged medical negligence case involving the death of Smt. Spoorthi Chithriki. The court found that the police's actions during the enquiry under Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, exceeded the statutory boundaries prescribed for such inquiries.
The case arose from an unfortunate incident on May 20, 2026, when a routine Hysteroscopic Polypectomy led to unforeseen complications, resulting in the patient's death. The hospital promptly reported the incident, leading to the registration of an Unnatural Death Report (UDR) under Section 194(3)(iv) of the BNSS.
The hospital, represented by counsel Smt. Archana K.M., contended that it had cooperated fully with the police, providing all requested documents and footage. However, the police continued to issue notices demanding further documentation and equipment, including the physical production of the digital operation theatre equipment.
Justice M. Nagaprasanna, presiding over the case, emphasized that an enquiry under Section 194 of the BNSS is limited to ascertaining the apparent cause of death and should not be equated with a full-fledged criminal investigation. The court noted that the police's actions, including summoning hospital staff and demanding equipment, constituted harassment and an abuse of statutory powers.
The court also highlighted the role of the Karnataka Medical Council, a statutory body with the authority to investigate allegations of medical negligence and professional misconduct. The council was already examining the matter, and the court noted that the police should not act as an extended arm of the council.
In its order, the court quashed the impugned notices and emphasized that the continuation of such actions would not serve the purpose of the enquiry. The court clarified that its observations were limited to the unnatural death report and did not affect any proceedings by the Karnataka Medical Council.
This judgment reaffirms the distinction between an enquiry under Section 194 of the BNSS and an investigation under the provisions for cognizable offences, underscoring the need for authorities to adhere to statutory limits.
Bottom Line :
An enquiry under Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is limited in scope to ascertain the apparent cause of an unnatural death and cannot be equated with an investigation into a cognizable offence under Section 154 BNSS. Excessive demands for documentation and equipment during such enquiry amount to an abuse of process.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 194
Dr. Vinuta B v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2958585
