Bharatiya Nyaya Sanhita, 2023

BNS Section 106

Causing death by negligence

In one line

BNS Section 106 deals with causing death by negligence and replaces IPC 304A (now 106(1)); 106(2) is a new provision with no IPC equivalent.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable 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: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 106

106. 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.

What changed from the IPC

  • IPC 304A → BNS 106(1): IPC section is included as subsection in BNS.
  • IPC 304A → BNS 106(1): Imprisonment is increased and offence by registered medical practitioner and its explanation are added.

Frequently asked

What was BNS Section 106 in the IPC?

BNS Section 106 (Causing death by negligence) replaces Section 304A of the Indian Penal Code, 1860. IPC 304A is now BNS 106(1).

What is the punishment under BNS 106(1)?

Causing death by negligence – punishable with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.

What is the punishment under BNS 106(2)?

Causing death by rash and negligent driving of vehicle and escaping – punishable with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.

Is BNS 106 bailable?

Bailable: BNS 106(1), 106(1). Non-bailable: BNS 106(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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