BNS106
BNS Section 106: Causing death by negligence
Ch VI · Of Offences Affecting the Human Body
Gazette p.47
Sub-section (2) (hit-and-run) was excluded when the BNS came into force on 1 July 2024. Check whether it has since been notified.
Punishment
- (1) punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine
- (2) punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine
Depends on which sub-section applies. Copied verbatim from the text below.
Arrest, bail & court
- (1) Cognizable · Bailable · Magistrate of the first class (Causing death by negligence)
- (1) Cognizable · Bailable · Magistrate of the first class (Causing death by negligence by registered medical practitioner)
- (2) Cognizable · Non-bailable · Magistrate of the first class (Causing death by rash and negligent driving of vehicle and escaping)
From the BNSS, 2023, First Schedule (machine-extracted; check the Schedule for anything consequential).
Verbatim · BNS106. Causing death by negligence.—(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.
Corresponds (indicatively) to IPC 304A of the repealed Indian Penal Code, 1860. IPC → BNS table
Cite as: Section 106, Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023)