Introduction of Section BNS 106
BNS 106 Not every death is intentional. Sometimes, carelessness or negligence leads to loss of life. Section 106 of the Bharatiya Nyaya Sanhita (BNS) addresses such cases—punishing deaths caused by negligence, rash driving, or medical errors. It ensures accountability while distinguishing between different kinds of negligence, prescribing punishments that range from two years for medical negligence to ten years for hit-and-run driving.”
The Bharatiya Nyaya Sanhita (BNS) Section 106 replaces the old Indian Penal Code (IPC) Section 304-A.
- Introduction of Section BNS 106
- What is BNS Section 106 ?
- BNS Section 106 in Simple Points
- Section 106 BNS Overview
- BNS 106 Punishment
- BNS 106 bailable or not ?
- Bharatiya Nyaya Sanhita Section 106
- BNS Section 106 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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.
Bare Act – BNS Section 106
Whoever causes the 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.
If a registered medical practitioner causes the death of any person by any rash or negligent act while performing medical treatment, he shall be punished with imprisonment which may extend to two years, and shall also be liable to fine.
If any person causes the death of another by rash or negligent driving of a vehicle and escapes without reporting the incident to a police officer or magistrate soon after, he shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”**
Explanation in Simple Language
This section covers death caused by negligence, not by intent to kill. It makes three important distinctions:
- General Negligence → If someone causes death due to a rash or negligent act (not amounting to culpable homicide), they may face up to 5 years imprisonment + fine. Example: Leaving an open pit without warning signs that causes a fatal fall.
- Medical Negligence → If a registered medical practitioner causes death due to a negligent act while performing treatment, the punishment is up to 2 years imprisonment + fine. The law gives a slightly lighter punishment here, recognizing the complexities of medical practice but still ensuring accountability.
- Negligent Driving with Escape → If a person causes death due to rash or negligent driving and then flees without reporting the incident, the punishment is much harsher — up to 10 years imprisonment + fine. This ensures strict deterrence against hit-and-run cases.
Key Elements of Section 106
- No Intention to Kill → Applies only when death is caused by negligence, not by intent.
- Different Categories → General negligence, medical negligence, and rash driving are treated differently.
- Punishment Levels →
- General negligence → up to 5 years.
- Medical negligence → up to 2 years.
- Negligent driving with fleeing → up to 10 years.
- Fine Compulsory → In all cases, fine is imposed along with imprisonment.
- Legal Nature → Cognizable, Non-compoundable; bailable in general/medical negligence, non-bailable in fleeing cases.
- Trial → Magistrate of the First Class conducts the trial.
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
- Culpable Acts:
- Section 106 deals with deaths caused by negligent acts, not intentional acts of culpable homicide.
- General Negligence Penalty:
- For general cases of negligence causing death, the punishment includes imprisonment for up to five years and a fine.
- Medical Negligence:
- Medical practitioners causing death through negligence while performing procedures can face imprisonment for up to two years and a fine.
- 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.
- Reporting Requirement:
- If the driver involved in a fatal accident does not report the incident immediately, they face harsher penalties.
- Classification:
- The offences under Section 106 are classified as cognizable, meaning police can arrest without a warrant.
- Bail Status:
- General negligent death cases are bailable, while cases involving fleeing after a driving incident are non-bailable.
- Trial Court:
- Both types of offences under this section are tried by a Magistrate of the first class.
- Compounding:
- These offences are non-compoundable, meaning they cannot be settled through private agreements.
- 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 |
Comparison: BNS Section 106 vs IPC Section 304 – A
| Points | IPC Section 304A | BNS Section 106 |
|---|---|---|
| Codification | Part of Indian Penal Code, 1860 | Part of Bharatiya Nyaya Sanhita, 2023 |
| Offense Covered | Causing death by negligence (general, including driving, etc.) | Causing death by negligence, but with specific categories → general negligence, medical negligence, and negligent driving with escape |
| Medical Negligence | No separate provision for doctors; treated like any other negligence | Special provision → Medical practitioner liable up to 2 years + fine |
| Driving Negligence | Rash or negligent driving causing death punishable up to 2 years + fine | Driving causing death with escape (hit-and-run) punishable up to 10 years + fine |
| General Negligence | Imprisonment up to 2 years + fine | Imprisonment up to 5 years + fine |
| Severity of Punishment | Relatively lighter (2 years max for most cases) | Much stricter → 2 years (medical), 5 years (general), 10 years (hit-and-run driving) |
| Bailability | Bailable | Bailable for general & medical negligence, Non-bailable for fleeing drivers |
| Compoundability | Non-compoundable | Non-compoundable |
| Trial | Magistrate of the First Class | Magistrate of the First Class |
| Clarity of Language | One broad clause, less specific | Clearer, modern, with distinct categories & punishments |
BNS Section 106 FAQs
What does Section 106 of BNS cover?
It addresses punishments for causing death through negligent acts, including negligent driving and medical negligence.
What is the BNS 106 punishment for general negligence causing death?
The punishment can be imprisonment for up to five years and a fine.
What is the punishment for a medical practitioner causing death due to negligence?
They can be imprisoned for up to two years and fined.
BNS 106 these offences bailable?
General negligence is bailable, but fleeing drivers are non-bailable.
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Conclusion
BNS Section 106 ensures that even unintentional deaths caused by negligence are not ignored by law. By prescribing different punishments for general negligence, medical errors, and hit-and-run driving, it balances fairness with accountability. The section protects society by holding individuals responsible for careless acts that cost human lives.