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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter VI: Of Offences Affecting The Human Body

Section 106 BNS: Causing death by negligence

Corresponding IPC
Section 304A IPC
Punishment
(1) Imprisonment up to 5 years, and fine; registered medical practitioner during medical procedure up to 2 years, and fine; (2) imprisonment up to 10 years, and fine

Classification of offence

SectionCognizable?Bailable?Triable by
106(1)CognizableBailableMagistrate of the first class
106(1)CognizableBailableMagistrate of the first class
106(2)CognizableNon-bailableMagistrate of the first class

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

(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.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Sub-section (1) punishes causing death by a rash or negligent act not amounting to culpable homicide, with a lower term for a registered medical practitioner during a medical procedure. Sub-section (2) punishes causing death by rash and negligent driving and escaping without reporting to a police officer or Magistrate.

Chapter VI: Of Offences Affecting The Human Body

  1. 100 Culpable homicide
  2. 101 Murder
  3. 102 Culpable homicide by causing death of person other than person whose death was intended
  4. 103 Punishment for murder
  5. 104 Punishment for murder by life-convict
  6. 105 Punishment for culpable homicide not amounting to murder
  7. 106 Causing death by negligence
  8. 107 Abetment of suicide of child or person of unsound mind
  9. 108 Abetment of suicide
  10. 109 Attempt to murder
  11. 110 Attempt to commit culpable homicide
  12. 111 Organised crime
  13. 112 Petty organised crime
  14. 113 Terrorist act
  15. 114 Hurt
  16. 115 Voluntarily causing hurt
  17. 116 Grievous hurt
  18. 117 Voluntarily causing grievous hurt
  19. 118 Voluntarily causing hurt or grievous hurt by dangerous weapons or means
  20. 119 Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act
  21. 120 Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property
  22. 121 Voluntarily causing hurt or grievous hurt to deter public servant from his duty
  23. 122 Voluntarily causing hurt or grievous hurt on provocation
  24. 123 Causing hurt by means of poison, etc., with intent to commit an offence
  25. 124 Voluntarily causing grievous hurt by use of acid, etc
  26. 125 Act endangering life or personal safety of others
  27. 126 Wrongful restraint
  28. 127 Wrongful confinement
  29. 128 Force
  30. 129 Criminal force
  31. 130 Assault
  32. 131 Punishment for assault or criminal force otherwise than on grave provocation
  33. 132 Assault or criminal force to deter public servant from discharge of his duty
  34. 133 Assault or criminal force with intent to dishonour person, otherwise than on grave provocation
  35. 134 Assault or criminal force in attempt to commit theft of property carried by a person
  36. 135 Assault or criminal force in attempt to wrongfully confine a person
  37. 136 Assault or criminal force on grave provocation
  38. 137 Kidnapping
  39. 138 Abduction
  40. 139 Kidnapping or maiming a child for purposes of begging
  41. 140 Kidnapping or abducting in order to murder or for ransom, etc
  42. 141 Importation of girl or boy from foreign country
  43. 142 Wrongfully concealing or keeping in confinement, kidnapped or abducted person
  44. 143 Trafficking of person
  45. 144 Exploitation of a trafficked person
  46. 145 Habitual dealing in slaves
  47. 146 Unlawful compulsory labour
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