Introduction
The Bharatiya Nyaya Sanhita (BNS), 2023 replaced the colonial-era criminal law framework to modernize India’s justice system. One of the important provisions under the new law is Section 106, which deals with causing death by negligence.
This section addresses situations where a person’s rash or negligent act leads to death but does not amount to culpable homicide. It also introduces specific provisions for medical practitioners and road accident cases involving hit-and-run incidents.
What is Section 106 of BNS?
Section 106 of the Bharatiya Nyaya Sanhita provides punishment for individuals whose careless or negligent actions cause the death of another person.
The law applies when:
- Death occurs due to negligence or rash conduct.
- The act does not qualify as intentional killing or culpable homicide.
The section aims to ensure accountability while distinguishing between intentional crimes and accidental negligence.
Section 106(1): Causing Death by Negligence
Legal Provision
Any person who causes death through a rash or negligent act, not amounting to culpable homicide, can be punished under this provision.
Punishment
- Imprisonment up to 5 years, or
- Fine, or
- Both imprisonment and fine.
This applies to cases such as:
- Careless professional conduct leading to death
- Unsafe construction practices
- Negligent handling of machinery
Special Provision for Registered Medical Practitioners
The BNS introduces a separate and more balanced punishment for medical professionals.
Punishment for Doctors
If death occurs during a medical procedure due to negligence:
- Imprisonment up to 2 years, and
- Fine.
Definition of Registered Medical Practitioner
A registered medical practitioner is a person who:
- Holds qualifications recognized under the National Medical Commission Act, 2019, and
- Is registered in the National Medical Register or State Medical Register.
This distinction acknowledges the complex and risk-sensitive nature of medical treatment.
Section 106(2): Death Due to Rash Driving and Escaping
This sub-section focuses on serious road accident offences.
When Does It Apply?
A person will be punished if they:
- Cause death through rash or negligent driving, and
- Escape without reporting the incident to police or a Magistrate.
Punishment
- Imprisonment up to 10 years, and
- Fine.
This provision aims to discourage hit-and-run incidents and ensure immediate reporting of accidents.
BNSS Classification of Offences
Classification Under Section 106(1)
- Offence: Causing death by negligence
- Punishment: Up to 5 years (2 years for medical practitioners) + fine
- Nature: Cognizable
- Bailable: Yes
- Trial Court: Magistrate of the First Class
Classification Under Section 106(2)
- Offence: Rash driving causing death and escaping
- Punishment: Up to 10 years + fine
- Nature: Cognizable
- Bailable: Non-bailable
- Trial Court: Magistrate of the First Class
Difference Between IPC and BNS Provision
Earlier, similar offences were covered under Section 304A of the Indian Penal Code (IPC). However, BNS Section 106 introduces:
- Clear differentiation for medical professionals
- Stronger punishment for hit-and-run cases
- Greater accountability in road safety violations
This reflects the government’s focus on modern legal standards and public safety.
Importance of Section 106
Section 106 plays a critical role in:
- Promoting responsible behavior in public and professional spaces
- Strengthening road safety laws
- Ensuring legal clarity between negligence and intentional offences
- Protecting both victims and professionals through balanced punishment
Section 106 of the Bharatiya Nyaya Sanhita modernizes India’s legal approach toward negligent deaths. By distinguishing between general negligence, medical negligence, and hit-and-run offences, the law aims to create fairness while strengthening accountability.
As India transitions from IPC to BNS, understanding such provisions becomes essential for legal professionals, students, competitive exam aspirants, and citizens alike.