BNS Section 106 : Causing Death by Negligence
Section 106 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It deals with offenses relating to human life and negligence. This section specifically addresses the offense of 'causing death by negligence.' It establishes accountability for individuals whose careless or reckless actions result in the unintended death of another person.
Definition of BNS Section 106
Section 106 of the BNS 2023 States:
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 and Illustration of BNS Section 106
This provision aims to underscore the importance of exercising reasonable care and caution in activities that could potentially harm others. It seeks to promote a sense of responsibility in societal interactions, ensuring that negligence with fatal consequences is subject to legal scrutiny and penalties, thereby upholding public safety and justice.
Explanation: For the purposes of this sub-section, a 'registered medical practitioner' refers to a medical professional holding a qualification recognised under the National Medical Commission Act, 2019, and whose name is listed in the National Medical Register or a State Medical Register maintained under the same Act.
(2) Any person who causes the death of another through rash and negligent driving, without it amounting to culpable homicide, and subsequently escapes without promptly reporting the incident to a police officer or Magistrate, shall be subject to imprisonment for a term of up to ten years and may also be liable to a fine.
Illustration 1: General Case
A person is driving a car recklessly at high speed through a crowded street, ignoring traffic rules. In the process, the driver accidentally runs over a pedestrian, causing their death. The driver did not intend to harm the pedestrian, but their reckless behavior caused the fatal accident. In this case, the driver would be punished with imprisonment for up to five years and a fine, as the death resulted from a rash or negligent act.
Illustration 2: Medical Practitioner
A registered medical practitioner performs a surgery on a patient and, due to their negligence in following proper surgical procedures, accidentally causes the death of the patient. In this case, the doctor would be punished with imprisonment for up to two years and a fine, as the death occurred due to a negligent act during medical treatment.
Key Points in Section 106
This section addresses cases where death occurs due to acts of rashness or negligence, which do not amount to culpable homicide.
Punishment for Rash or Negligent Acts:
When death is caused by a rash or negligent act (not amounting to culpable homicide), the offender may face imprisonment for up to seven years and/or a fine. This punishment underscores the gravity of such carelessness, even if unintentional.
If the offender not only causes death but also flees the scene or fails to report the incident promptly to the police or a magistrate, the penalty is stricter. In such cases, the offender may face imprisonment of up to ten years and/or a fine. This heightened punishment aims to address the added offense of evading accountability and obstructing justice.
Differences Between Section 106 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 106 of BNS and its equivalent IPC section 304 and 304 A focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 106(1) and 106(2) | Causing death by negligence and Causing death by negligence. | 304 and 304A | IPC section is included as subsection in BNS. Imprisonment is increased and offence by registered medical practitioner and its explanation are added and IPC section is included as subsection in BNS. Imprisonment is increased and offence by registered medical practitioner and its explanation are added. |
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FAQs about Section 106 of the Bharatiya Nyaya Sanhita (BNS)
Does Section 106 allow for bail?
It depends on the severity and classification of the offense. Minor offenses may permit bail, whereas more serious violations may lead to denial, pending judicial discretion.
Can an offense under Section 106 be compounded?
Compounding of offenses under Section 106 depends on the nature of the crime and the relevant provisions of the Bharatiya Nyaya Sanhita. Certain offenses may be compoundable, subject to mutual consent and court approval.
Are there any exceptions to Section 106?
Exceptions to Section 106 are rare and depend on the specific language of the law. Situations involving reasonable justification, lack of intent, or lawful acts may provide grounds for exemption under certain circumstances.
Who enforces Section 106?
Section 106 is enforced by law enforcement agencies and the judiciary. Police investigate alleged offenses, while courts determine guilt and prescribe penalties based on the evidence and legal provisions.
What role does intent play in Section 106 offenses?
Intent is crucial in determining culpability under Section 106. Negligence or recklessness, even without malicious intent, can still result in liability if the actions breach the standards outlined in the section.
How does Section 106 address repeat offenders?
Section 106 may impose stricter penalties on repeat offenders to deter recurrence. Stringent punishments for habitual violations reflect the law’s intent to enforce accountability and prevent repeated misconduct.
What is the relevance of Section 106 in modern legal contexts?
Section 106 underscores the importance of lawful conduct and responsibility in modern society. By addressing negligence and misconduct, it aligns with contemporary values of accountability, justice, and public safety.
