Section 106 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 106 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offense of causing death by negligence, encompassing general negligence, medical negligence, and specific provisions related to hit-and-run incidents.
📜 Text of Section 106: Causing Death by Negligence
Subsection (1): General Negligence
"Whoever causes the 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 a 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 recognized under the National Medical Commission Act, 2019, and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
Subsection (2): Hit-and-Run Incidents
"Whoever causes the death of any person by rash and negligent driving of a 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 for a term which may extend to ten years, and shall also be liable to fine.
⚖️ Legal Context and Comparison with IPC
Section 106 of the BNS, 2023 replaces Section 304A of the Indian Penal Code (IPC), 1860, which dealt with causing death by negligence. Key differences include:
Increased Punishment: The maximum imprisonment term has been increased from two years under the IPC to five years under the BNS for general negligence
Medical Negligence: Specific provisions for medical practitioners causing death due to negligence are now explicitly outlined, with a maximum imprisonment term of two years.
Hit-and-Run Incidents: The BNS introduces a provision for hit-and-run cases, with a maximum imprisonment term of ten years for those who cause death and fail to report the incident promptly.
🧾 Key Provisions
General Negligence: Causing death by any rash or negligent act not amounting to culpable homicide.(
Medical Negligence: Registered medical practitioners causing death during medical procedures due to negligence.(
Hit-and-Run Incidents: Causing death by rash and negligent driving and failing to report the incident to authorities promptly.
⚠️ Implementation Status
As per a notification by the Ministry of Home Affairs, the provisions of the BNS, 2023, are set to come into effect on July 1, 2024, with the exception of Section 106(2), which pertains to hit-and-run incidents. This specific provision has been put on hold following concerns raised by transporters and drivers regarding its stringent penalties. The government has assured that consultations will be held before making a final decision on its enforcement. (
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