Legal Safeguards for Medical Consumers in India: An Analysis under BNS, BSS, BNSS, and the Drugs and Cosmetics Act, 1940

Three new laws, Bharatiya Nyaya Sanhita, 2023, (BNS) Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA) have been enacted and introduced to replace the laws of colonial era, i.e., Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Indian Evidence Act, 1872. After the introduction of these three laws, numerous provisions related to them attracted the attention of the general public, and debates and discussions began on various forums. Considering the changes in these three important laws related to the general public issues and governance, it is essential to assess the impact of these laws on medical consumers, who are often subjected to negligence and mismanagement. This article aims to analyse the specific provisions of these three laws, along with the Drugs and Cosmetics Act, 1940, supported by news reports, articles, and case laws, to determine how an aware citizen can protect their own life and the lives of their loved ones while also taking necessary legal action. An attempt has been made to examine how the basic knowledge and understanding of the relevant Sections of BNS, BNSS, BSS, and the Drugs & Cosmetics Act are required for the medical consumers in the era of commercialisation, when the Registered Medical Professionals (RMPs) and corporate hospitals are ignoring the public well-being at the cost of their pecuniary benefits. The article concludes that a knowledgeable medical consumer can ensure civil, criminal, and regulatory accountability in the cases of medical negligence and related cases of medical mismanagement.