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.
IPC Section 304A in BNS: Section 106
Causing death by negligence
Section 304A of the Indian Penal Code, 1860 (Causing death by negligence) corresponds to Section 106 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 106(1) is cognizable, bailable, triable by Magistrate of the first class; punishment: Imprisonment for 5 years and fine.
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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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 106
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