Section 106 BNS: Causing death by negligence

The Bharatiya Nyaya Sanhita (BNS) 2023 is a major legal reform that replaces the Indian Penal Code (IPC). Among its crucial provisions Section 106 BNS addresses deaths resulting from negligent acts. The section is essential to understanding how the law treats accidental death caused by carelessness or lack of due diligence.

BNS 106 modernizes the older Section 304A IPC, introducing stricter punishment, especially in cases involving medical professionals and rash driving incidents. It reflects the state's effort to ensure accountability without requiring criminal intent. Explore other important Judiciary Notes.

Download 5 Key take aways on Section 106 BNS PDF

Section 106 BNS

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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Under Section 106 BNS, a person may face legal action if their negligent or rash action leads to someone’s death even if there was no intention to kill. This law plays a key role in handling accidental death cases.

Three categories fall under Section 106 BNS:

• General Negligence: Carelessness causing death.
• Medical Negligence: Death during treatment due to failure of due care by a registered medical practitioner.
• Vehicular Negligence: Death due to rash driving, especially in hit-and-run cases where the driver escapes.

The law ensures that the absence of intent does not become a shield against responsibility.

Section 106 BNS : Essential Elements

The ingredients of Section 106 BNS include:

• Negligent or Rash Act: A careless act performed without taking necessary precautions.
• Death Occurred: The act must lead directly to the loss of life.
• No Intention or Knowledge of Causing Death: Differentiates it from culpable homicide.
• Specific Situations: Whether the act was done by a medical professional or a driver.

These components help courts assess whether the act qualifies as an offence under Section 106 BNS.

• Cognizable Offence: Police can arrest without a warrant.
• 106 BNS bailable or not?
  • General Negligence and Medical Negligence: Bailable.
  • Hit-and-Run Vehicular Negligence: Non-bailable.
• Section 106 BNS triable by which court?: Magistrate of the First Class handles such cases.

This shows that the severity of the offence influences bail decisions and judicial handling.

Comparison: BNS 106 vs IPC Section 304A

Before BNS, similar conduct was covered under Section 304A of Indian Penal Code (IPC). The transition to Section 106 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Feature	Section 106 BNS (2023)	Section 304A IPC (1860)
Legal Focus	Accidental deaths due to negligence	Accidental deaths due to negligence
Scope	Includes medical and vehicular negligence	General negligence
Max Punishment	Up to 10 years + fine	Up to 2 years + fine
Special Provisions	Yes – for doctors and drivers	No
Hit-and-run cases	Specifically mentioned with harsher penalty	Not separately addressed
Bailability	Varies by subsection	Generally bailable
Trial Court	Magistrate of the First Class	Magistrate of the First Class

Section 106 BNS : Judicial Interpretation

Courts interpret Section 106 BNS by evaluating the duty of care expected in the given context. For example:

• In medical negligence, the question is whether a reasonable professional in similar circumstances would have acted differently.
• In vehicular negligence, fleeing the scene shows a greater disregard for human life.

Judgments also focus on whether the negligence is gross or merely procedural.

Section 106 BNS : Landmark Cases

Landmark cases relating to the section are as under -

• Jacob Mathew v. State of Punjab (2005) – Supreme Court held that simple lack of care doesn't equal criminal negligence in medical cases.
• Dr. Suresh Gupta v. Govt. of NCT of Delhi (2004) – Emphasized a high threshold for criminal liability in medical negligence.
• State of Karnataka v. Satish (1998) – Defined standards for rash driving under criminal law.
• Mohd. Hasa v. State of Rajasthan (2013) – Hit-and-run case where the driver’s escape led to enhanced punishment.
• Bhalchandra v. State of Maharashtra (1968) – Distinguished between culpable homicide and negligence.

Section 106 BNS : Impact

The implementation of Section 106 BNS 2023 brings clarity to the legal consequences of accidental death caused by negligence . It fills previous gaps by :

• Introducing accountability in medical and transport sectors.
• Providing specific punishments for fleeing drivers.
• Offering flexibility in bail depending on the offence’s nature.

This fosters a more responsible society, especially in urban environments prone to traffic and medical mishaps.

Conclusion

Section 106 BNS is a comprehensive provision under BNS 2023 that modernizes the legal treatment of accidental deaths. It ensures that negligence, whether on the road or in a hospital, does not go unpunished. By categorizing offences based on their context, bns 106 offers both deterrence and proportional justice.

Whether you are a legal professional, a medical practitioner, or simply a citizen, understanding section 106 bns punishment, bail status, and trial process is crucial to being informed and responsible in modern India.