Section 106 BNS: Causing death by negligence

Bharatiya Nyaya Sanhita, 2023

Section 106 BNS at a Glance

Section 106 BNS deals with causing death by negligence. It is cognizable; it replaced Section 304A IPC on 1 July 2024.

Punishment

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.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 304A →

Section 106 BNS Bare Act Text

(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.

Source: Section 106, Bharatiya Nyaya Sanhita, 2023

Section 106 BNS in the IPC (Previous Law)

Section 106 BNS replaced Section 304A IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 106 BNS

Is Section 106 BNS a criminal offence or just negligence?▼

It is a criminal offence. Ordinary carelessness is not enough by itself; the prosecution must show rashness or negligence that caused a person's death. Courts look at whether the conduct fell below the standard expected of a reasonable person.

Can a doctor be booked under Section 106 BNS?▼

Yes, in some cases. If the allegation is that death resulted from gross negligence in treatment or procedure, police may invoke this section. But not every bad outcome in medical treatment amounts to criminal negligence.

Is bail available for Section 106 BNS?▼

Yes, it is generally a bailable offence. That means the accused can usually seek bail as a matter of right, subject to the court's procedure. The case can still continue after bail is granted.

What is the difference between Section 105 BNS and Section 106 BNS?▼

Section 105 BNS applies where death is caused with intention or knowledge, but the case does not amount to murder. Section 106 BNS is for deaths caused by rash or negligent acts without intention or knowledge of likely death. The mental element is the key difference.

What is Section 106(2) of the BNS for in a road accident death case?▼

Section 106(2) BNS applies when a person causes someone's death by rash and negligent driving of a vehicle, the act does not amount to culpable homicide, and the driver escapes without reporting the incident soon after to a police officer or a Magistrate. It is meant for hit-and-run type situations where death is caused by rash and negligent driving and the driver does not report it.

What has to be proved under Section 106(2) BNS?▼

To attract Section 106(2) BNS, the text requires four things: death of a person, rash and negligent driving of a vehicle, that the act does not amount to culpable homicide, and that the person escaped without reporting the incident soon after to a police officer or a Magistrate. If the reporting and escape part is missing, this specific sub-section may not apply on its wording.

What is the punishment under Section 106(2) of the Bharatiya Nyaya Sanhita?▼

The punishment under Section 106(2) BNS may extend to ten years' imprisonment, and the person is also liable to fine. The text says this applies where death is caused by rash and negligent driving of a vehicle and the person escapes without reporting the incident soon after.

How is Section 106(2) different from Section 106(1) BNS?▼

Section 106(1) BNS covers causing death by any rash or negligent act not amounting to culpable homicide, and it separately gives a lower punishment for a registered medical practitioner performing a medical procedure. Section 106(2) is narrower: it specifically deals with death caused by rash and negligent driving of a vehicle where the person escapes without reporting the incident soon after to a police officer or a Magistrate.

Section 106 BNS: Sub-sections Explained

Section 106(1) BNS: Causing death by negligence

▶

Bare Act Text

(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.

Explained in Simple Words

Section 106(1) of the Bharatiya Nyaya Sanhita (BNS) deals with causing the death of a person by a rash or negligent act that does not amount to culpable homicide. It applies where death results from careless or reckless conduct, but the accused had neither the intention to cause death nor the knowledge that would make the act culpable homicide. Typical cases involve reckless driving, unsafe handling of machinery or electricity, and negligent construction or factory work.

The offence is punishable with imprisonment of either description for up to five years, and the offender is also liable to fine. Where the death is caused by a registered medical practitioner while performing a medical procedure, the maximum term is lower, up to two years, with liability to fine. A registered medical practitioner is one who holds a qualification recognised under the National Medical Commission Act, 2019 and whose name is entered in the National Medical Register or a State Medical Register.

Sub-section (2) separately punishes causing death by rash and negligent driving where the driver escapes without reporting the incident to a police officer or a Magistrate soon after, with imprisonment of up to ten years and liability to fine. The offence under sub-section (1) is cognizable and bailable.

Key Ingredients

  • The death of any person was caused
  • The death was caused by doing any rash or negligent act not amounting to culpable homicide
  • Whether the act was done by a registered medical practitioner while performing a medical procedure

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 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.

💰 The offender is also liable to fine in addition to imprisonment.

Causing death by doing any rash or negligent act not amounting to culpable homicide carries imprisonment of either description for up to five years and liability to fine, or up to two years and liability to fine if done by a registered medical practitioner while performing a medical procedure. Under Section 106(2) BNS, causing death by rash and negligent driving of a vehicle and escaping without reporting it soon after to a police officer or a Magistrate carries imprisonment of either description for up to ten years and liability to fine.

Real-World Example

Anand drives a truck at high speed through a crowded market lane without sounding his horn and strikes Suresh, who dies of his injuries. Anand caused the death of Suresh by doing a rash act not amounting to culpable homicide. Anand is punishable under Section 106 BNS.

When This Does Not Apply

  • The death was not caused by any rash or negligent act of the accused
  • The act causing death amounts to culpable homicide
  • The act did not result in the death of any person

Previous Law

IPC 304A → Section 106(1) BNS

Section 304A IPC corresponds to Section 106(1) 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.

Section 106(2) BNS: Causing death by negligence

▶

Bare Act Text

(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.

Explained in Simple Words

Section 106(2) of the Bharatiya Nyaya Sanhita (BNS) deals with causing death by rash and negligent driving of a vehicle where the driver flees without reporting the incident. It applies to any person who causes the death of another person by rash and negligent driving of a vehicle, where the act does not amount to culpable homicide, and escapes without reporting the incident to a police officer or a Magistrate soon after it happens.

Under this sub-section, the offender shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Imprisonment of either description means the court may impose either rigorous or simple imprisonment.

Two points distinguish this provision from the general negligence rule in Section 106(1) BNS. First, Section 106(2) BNS applies only to rash and negligent driving of a vehicle, not to other negligent acts. Second, the higher maximum punishment of up to ten years is triggered only when the driver both escapes and fails to report the incident to a police officer or a Magistrate soon after it occurs.

Key Ingredients

  • Death of a person is caused
  • The accused was driving a vehicle
  • The driving was rash and negligent
  • The act did not amount to culpable homicide
  • The accused escaped without reporting the incident soon after to a police officer or a Magistrate

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to ten years.

💰 Fine may be imposed in addition to imprisonment.

Causing the death of any person by rash and negligent driving of a vehicle not amounting to culpable homicide and escaping without reporting it soon after to a police officer or a Magistrate is punishable with imprisonment of either description for up to ten years, and the offender is also liable to fine.

Real-World Example

Rakesh was driving a car fast through a crowded market road in Jaipur and ignored people crossing near a junction. He hit Sohan, who died from the injuries. Instead of stopping and informing the nearest police officer or a Magistrate, Rakesh drove away and hid the car at a relative's house. The case falls under this section because the death was caused by rash and negligent driving of a vehicle, it did not amount to culpable homicide, and he escaped without reporting the incident soon after.

When This Does Not Apply

  • A driver causes a fatal accident by rash or negligent driving but stays at the spot and reports it soon after to a police officer or a Magistrate
  • Death is caused by a rash or negligent act that does not involve driving of a vehicle, such as unsafe handling of machinery; this may fall under Section 106(1) BNS
  • A registered medical practitioner causes death while performing a medical procedure; this is dealt with under Section 106(1) BNS
  • The facts show culpable homicide rather than a rash or negligent act not amounting to culpable homicide

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·