| Particulars | Details |
|---|---|
| Section | BNS Section 106(1) |
| Offence | Causing Death by Negligence |
| Old IPC Section | IPC Section 304A |
| Punishment | Up to 5 Years + Fine |
| Medical Practitioner | Up to 2 Years + Fine |
| Cognizable | Yes |
| Bailable | Yes |
| Compoundable | No |
| Triable By | Magistrate First Class |
Introduction
BNS Section 106 deals with causing the death of a person through a rash or negligent act that does not amount to culpable homicide. The provision applies when a person's careless, reckless, or negligent conduct results in death, even though there was no intention to kill.
The section is commonly invoked in cases involving road accidents, workplace negligence, unsafe handling of machinery, professional negligence, and other situations where a failure to exercise reasonable care causes a person's death.
BNS Section 106 replaces IPC Section 304A and continues to punish negligent conduct resulting in death while introducing a separate punishment provision for registered medical practitioners performing medical procedures.
What is BNS Section 106?
BNS Section 106 criminalises acts that cause death due to rashness or negligence without the intention or knowledge required for culpable homicide or murder.
The section applies where a person fails to exercise the level of care expected under the circumstances, and that failure directly results in another person's death. Since there is no intention to cause death, the offence is treated differently from murder or culpable homicide.
A key feature of BNS Section 106 is that it specifically recognises cases involving registered medical practitioners and prescribes a different punishment framework when death occurs during the performance of a medical procedure due to negligence.
Bare Act Text of BNS Section 106
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 a recognised medical qualification under the National Medical Commission Act, 2019 and whose name is entered in the National Medical Register or State Medical Register.
In Simple Words
If a person's rash or negligent act causes another person's death, but there was no intention to kill and the act does not amount to culpable homicide, the offender may be punished under BNS Section 106.
For ordinary offenders, punishment may extend to five years' imprisonment and fine. However, where the death occurs due to negligence by a registered medical practitioner while performing a medical procedure, the maximum punishment is two years' imprisonment and fine.
Essential Ingredients of BNS Section 106
To establish an offence under BNS Section 106, the prosecution generally needs to prove the following:
1. Death of a Person
A person's death must have occurred.
2. Rash or Negligent Act
The accused must have committed a rash or negligent act that fell below the standard of reasonable care expected under the circumstances.
3. Direct Connection Between the Act and Death
The death must have resulted directly from the rash or negligent act committed by the accused.
4. No Intention to Cause Death
The accused must not have intended to cause death.
5. Act Does Not Amount to Culpable Homicide
The facts must not satisfy the requirements of culpable homicide or murder.
Punishment Under BNS Section 106
The punishment under BNS Section 106 varies depending upon the person committing the negligent act.
| Situation | Punishment |
|---|---|
| Causing Death by Negligence | Up to 5 Years' Imprisonment and Fine |
| Registered Medical Practitioner Causing Death During Medical Procedure | Up to 2 Years' Imprisonment and Fine |
The enhanced recognition of medical negligence under the BNS seeks to distinguish professional medical errors from other forms of negligent conduct while still ensuring accountability where negligence causes death.
Classification of Offence Under BNS Section 106
| Criteria | Classification |
|---|---|
| Cognizable | Yes |
| Bailable | Yes |
| Compoundable | No |
| Triable By | Magistrate First Class |
What Does the Classification Mean?
Since the offence is cognizable, the police may investigate the matter after registration of an FIR.
As the offence is bailable, an accused person may seek release on bail in accordance with law.
The offence is non-compoundable, meaning the parties cannot privately settle the criminal proceedings.
Trials under BNS Section 106 are conducted by a Magistrate First Class.
Bail Under BNS Section 106
BNS Section 106 is a bailable offence. Therefore, an accused person is generally entitled to seek bail in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
While considering bail, courts may examine the nature of the negligent act, the circumstances leading to the death, the conduct of the accused after the incident, and the available evidence. Since the offence does not involve an intention to cause death, courts often approach bail differently from cases involving murder or culpable homicide.
However, the grant of bail remains subject to compliance with legal requirements and the specific facts of each case.
Which Court Has Jurisdiction Under BNS Section 106?
Offences under BNS Section 106 are triable by a Magistrate First Class.
After the completion of the investigation, the police submit a charge sheet before the competent Magistrate. The Magistrate examines the evidence, hears the prosecution and defence, and determines whether the accused is guilty of causing death by negligence.
If convicted, the Magistrate may impose the punishment prescribed under the section.
Step-by-Step Legal Process Under BNS Section 106
- Registration of FIR regarding the death caused by the alleged negligent act.
- Police investigation into the incident.
- Collection of medical, forensic, electronic, and documentary evidence.
- Inspection of the accident site, workplace, hospital, or relevant location.
- Recording of statements of witnesses and other concerned persons.
- Obtaining expert opinions where necessary.
- Arrest of the accused, if required.
- Filing of charge sheet before the competent Magistrate.
- Framing of charges.
- Examination and cross-examination of witnesses.
- Final arguments by the prosecution and defence.
- Pronouncement of judgment.
- Sentencing upon conviction.
- Appeal before the appropriate higher court.
IPC Section 304A vs BNS Section 106
| Aspect | IPC Section 304A | BNS Section 106 |
|---|---|---|
| Offence | Causing Death by Negligence | Causing Death by Negligence |
| Maximum Punishment | Up to 2 Years + Fine | Up to 5 Years + Fine |
| Medical Practitioners | No separate provision | Separate punishment framework |
| Nature of Offence | Cognizable & Bailable | Cognizable & Bailable |
| Trial Court | Magistrate | Magistrate First Class |
One of the major changes introduced by BNS Section 106 is the increase in punishment for causing death by negligence. The new provision also specifically addresses cases involving registered medical practitioners performing medical procedures.
Important Case Laws Related to BNS Section 106
Since BNS Section 106 corresponds to IPC Section 304A, judicial precedents interpreting IPC Section 304A continue to provide guidance regarding negligence and criminal liability.
Jacob Mathew v. State of Punjab (2005)
The Supreme Court explained the principles governing criminal negligence by medical professionals and held that a high degree of negligence must generally be established before criminal liability can arise.
Kurban Hussein Mohamedalli Rangawalla v. State of Maharashtra (1965)
The Supreme Court held that there must be a direct and proximate connection between the negligent act and the death caused.
Defences Available Under BNS Section 106
Common defences may include:
- Absence of negligence.
- No direct connection between the act and the death.
- Intervening cause breaking the chain of causation.
- Compliance with reasonable standards of care.
- Contributory negligence of another person.
- Lack of reliable evidence.
- Professional conduct consistent with accepted standards in medical negligence cases.
Example of BNS Section 106
Suppose a bus driver drives at excessive speed through a crowded area and fails to exercise reasonable care. The driver loses control of the vehicle and strikes a pedestrian, causing the pedestrian's death. If the evidence shows that the death resulted from the driver's rash or negligent conduct, the driver may be prosecuted under BNS Section 106.
Similarly, where a registered medical practitioner performs a medical procedure negligently and the patient dies as a direct result of that negligence, liability may arise under the special provision applicable to medical practitioners.
Conclusion on BNS Section 106
BNS Section 106 deals with deaths caused by rash or negligent acts that do not amount to culpable homicide. The provision ensures accountability where careless conduct results in the loss of human life, even in the absence of an intention to kill.
By increasing the punishment for negligent deaths and introducing a specific framework for registered medical practitioners, BNS Section 106 represents an important development in India's criminal law relating to negligence and public safety.