BNS 106

---

Introduction of Section BNS 106

BNS 106 addresses the punishment for causing death by negligence. It distinguishes between general negligent acts and specific cases involving negligent driving or medical procedures. The section provides different penalties depending on whether the negligence was due to a general act or related to driving or medical practice.

---

The Bharatiya Nyaya Sanhita (BNS) Section 106 replaces the old Indian Penal Code (IPC) Section 304-A.

---

---

What is BNS Section 106 ?

BNS Section 106 addresses the punishment for causing death by negligence. It distinguishes between general negligent acts and specific cases involving negligent driving or medical procedures. The section provides different penalties depending on whether the negligence was due to a general act or related to driving or medical practice.

---

BNS Section 106 in Simple Points

1. General Negligence:
   • If someone causes death through rash or negligent actions that don’t amount to culpable homicide, they can be punished under this section.
2. Medical Practitioners:
   • Registered medical practitioners causing death due to negligence during medical procedures face a different, usually lighter punishment.
3. Driving Incidents:
   • If death results from rash or negligent driving and the driver flees without reporting the incident, they face a more severe penalty.
4. Imprisonment Duration:
   • The general penalty for negligence can be up to five years in prison, but this can extend to ten years if the negligence involves driving and the driver escapes.
5. Fines:
   • In addition to imprisonment, offenders are also liable to pay a fine. The fine is imposed alongside the prison sentence.

---

Section 106 BNS Overview

BNS Section 106 deals with the punishment for causing death through negligence. It specifies different penalties depending on the nature of the negligence, such as general negligent acts, negligent driving, or negligence by medical practitioners. This section outlines how the severity of the punishment can vary based on the type of negligence and the circumstances surrounding the incident.

Section 106 BNS Overview

1. Culpable Acts:
   • Section 106 deals with deaths caused by negligent acts, not intentional acts of culpable homicide.
2. General Negligence Penalty:
   • For general cases of negligence causing death, the punishment includes imprisonment for up to five years and a fine.
3. Medical Negligence:
   • Medical practitioners causing death through negligence while performing procedures can face imprisonment for up to two years and a fine.
4. Driving Negligence:
   • If a death occurs due to negligent driving and the driver flees the scene, they can be punished with imprisonment for up to ten years and a fine.
5. Reporting Requirement:
   • If the driver involved in a fatal accident does not report the incident immediately, they face harsher penalties.
6. Classification:
   • The offences under Section 106 are classified as cognizable, meaning police can arrest without a warrant.
7. Bail Status:
   • General negligent death cases are bailable, while cases involving fleeing after a driving incident are non-bailable.
8. Trial Court:
   • Both types of offences under this section are tried by a Magistrate of the first class.
9. Compounding:
   • These offences are non-compoundable, meaning they cannot be settled through private agreements.
10. Severity of Punishment:
    • The severity of punishment varies based on whether the negligence was in general actions, medical procedures, or driving incidents, with fleeing drivers facing the harshest penalties.

---

BNS 106 Punishment

Imprisonment:

• For general cases of negligent death, imprisonment can be up to five years. For negligent driving with fleeing, imprisonment can be up to ten years.

Fine:

• Offenders are also subject to fines in addition to imprisonment. The amount can vary based on the specifics of the case.

---

---

BNS 106 bailable or not ?

General Negligence: Bailable

Driving Negligence with Fleeing: Non-Bailable

---

Bharatiya Nyaya Sanhita Section 106

Section	Description	Cognizable/Non-Cognizable	Bailable/Non-Bailable	Compoundable/Non-Compoundable	Punishment	Trial By
106(1)	Causing death by general negligence	Cognizable	Bailable	Non-Compoundable	Imprisonment up to 5 years and fine	Magistrate of the First Class
	Causing death by negligence as a registered medical practitioner	Cognizable	Bailable	Non-Compoundable	Imprisonment up to 2 years and fine	Magistrate of the First Class
106(2)	Causing death by rash and negligent driving of vehicle and escaping without reporting	Cognizable	Non-Bailable	Non-Compoundable	Imprisonment up to 10 years and fine	Magistrate of the First Class

---

BNS Section 106 FAQs

---

If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.

Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.

---