Section 106 BNS: Causing Death by Negligence
Section 106 of the Bharatiya Nyaya Sanhita, 2023 deals with death caused by rash or negligent acts not amounting to culpable homicide. Subsection (1) is in force. Subsection (2), concerning certain hit-and-run cases, has not been brought into force.
Section 106(1): Operative provision
In force
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 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
Meaning of Section 106(1)
Section 106(1) applies where death is caused by a rash or negligent act but the conduct does not amount to culpable homicide. The provision therefore addresses criminal negligence resulting in death where the required mental element for culpable homicide is absent.
General punishment
For a rash or negligent act causing death and not amounting to culpable homicide, the punishment may extend to five years of imprisonment of either description, together with fine.
Special rule for registered medical practitioners
Where the act is committed by a registered medical practitioner while performing a medical procedure, the maximum imprisonment is two years, together with fine. The Explanation limits the expression "registered medical practitioner" to a practitioner holding a qualification recognised under the National Medical Commission Act, 2019 and whose name is entered in the National Medical Register or a State Medical Register under that Act.
Punishment at a glance
| Rash or negligent act causing death | Imprisonment of either description for up to five years, and fine. |
|---|---|
| Registered medical practitioner during medical procedure | Imprisonment of either description for up to two years, and fine. |
| Section 106(2) hit-and-run provision | Not yet in force. Its statutory text provides for imprisonment up to ten years and fine, but the Central Government excluded subsection (2) from commencement. |
Section 106(2): Statutory text but not yet in force
Not in force
106. (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.
How Section 106 differs from culpable homicide
Section 106 concerns rashness or negligence and expressly applies only where the conduct does not amount to culpable homicide. Where the facts disclose the intention or knowledge required for culpable homicide, the case may instead fall under the BNS provisions dealing with culpable homicide and its punishment, including Section 105 BNS.
Related BNS provisions
- Section 101 - Murder
- Section 102 - Culpable homicide by causing death of a person other than the person whose death was intended
- Section 103 - Punishment for murder
- Section 104 - Punishment for murder by life-convict
- Section 105 - Punishment for culpable homicide not amounting to murder
- Section 107 - Abetment of suicide of child or person of unsound mind
Official sources
- Ministry of Home Affairs - Bharatiya Nyaya Sanhita, 2023
- Ministry of Home Affairs - Commencement notification dated February 23, 2024
- Ministry of Home Affairs - New Criminal Laws
This article provides general legal information. The application of Section 106 depends on the facts of the case, applicable procedural provisions, and binding judicial decisions.