BNS Section 106 : Causing Death by Negligence

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.

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