106. (1) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. Explanation.—For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act. (2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.
BNS Section 106: Causing death by negligence
Section 106 of the Bharatiya Nyaya Sanhita, 2023 deals with causing death by negligence. It replaces IPC 304A of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 106(1) is cognizable and bailable; 106(2) is cognizable and non-bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 106(1) | Causing death by negligence. | Imprisonment for 5 years and fine. | Cognizable | Bailable | Magistrate of the first class |
| 106(1) | Causing death by negligence by registered medical practitioner. | Imprisonment for 2 years and fine. | Cognizable | Bailable | Magistrate of the first class |
| 106(2) | Causing death by rash and negligent driving of vehicle and escaping. | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Magistrate of the first class |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 106
IPC sections replaced
- IPC 304A: Causing death by negligence
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