IPC 304A→BNS 106

IPC 304A to BNS 106: Causing death by negligence

Section 304A IPC (1860) replaced by Section 106 BNS (2023)

View IPC Section 304A →View BNS Section 106 →

IPC 304A to BNS 106 at a Glance

Section 304A IPC (Causing death by negligence) is now Section 106 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 304A to BNS 106?

Section 304A IPC corresponds to Section 106 BNS with notable changes. Under Section 106(1) BNS, the general punishment increases to imprisonment of either description for up to five years, and the offender is also liable to fine, eliminating fine alone as a sentence. Section 106(1) BNS also introduces a distinct sentence of imprisonment up to two years and fine where the act is done by a registered medical practitioner while performing a medical procedure. Section 106(2) BNS provides imprisonment up to ten years and fine for causing death by rash and negligent driving and escaping without reporting to a police officer or a Magistrate soon after the incident, but Section 106(2) BNS has not been brought into force.

IPC 304A vs BNS 106: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section304A106
OffenceCausing death by negligenceSame
PunishmentImprisonment of either description for up to two years.Imprisonment of either description for up to five years, or up to two years if the act is done by a registered medical practitioner while performing a medical procedure; up to ten years under Section 106(2) BNS for causing death by rash and negligent driving of a vehicle and escaping without reporting it soon after.
FineThe offender may be punished with fine alone or with both imprisonment and fine.The offender is also liable to fine in addition to imprisonment.
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 304A and BNS 106: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 304A, IPC 1860

304A. Causing death by negligence.—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 two years, or with fine, or with both.
BNS 2023 (in force)

Section 106, BNS 2023

(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.

Ingredients: IPC 304A vs BNS 106

Under IPC 304A
  1. The death of a person was caused
  2. The death was caused by the act of the accused
  3. The act was rash or negligent
  4. The act did not amount to culpable homicide
Under BNS 106
  1. The death of any person was caused
  2. The death was caused by doing any rash or negligent act not amounting to culpable homicide
  3. Whether the act was done by a registered medical practitioner while performing a medical procedure

What IPC 304A to BNS 106 Means for Pending Cases

For Section 304A IPC (now Section 106 BNS): for an act committed before the Sanhita came into force, the charge cites Section 304A IPC, with imprisonment up to two years, or fine, or both. For an act committed after that date, the charge cites Section 106(1) BNS, where the term may extend to five years and the offender is also liable to fine, with a two-year limit where the act is done by a registered medical practitioner while performing a medical procedure.

FAQs: IPC 304A to BNS 106

What changed when Section 304A IPC became Section 106 BNS?▼

Under Section 106(1) BNS the general maximum imprisonment rises from two years to five years, and the offender is also liable to fine, so fine alone is no longer a permitted sentence. For a registered medical practitioner performing a medical procedure, the term may extend to two years, and the offender is also liable to fine. Section 106(2) BNS introduces a ten-year term for hit and run driving, but that sub-section has not been brought into force.

Where does Section 304A IPC sit in the BNS?▼

In Section 106 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of offences affecting life.

Does Section 304A IPC or Section 106 BNS apply to an act done before 1 July 2024?▼

Section 304A IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 304A IPC. Section 106 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·