BNS Section 106 — Causing death by negligence

CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY — Of offences affecting life

Criminal

Summary

Sub-section (1) covers a person who causes the death of anyone through a rash or negligent act that does not amount to culpable homicide. Such a person is punishable with imprisonment of either kind for up to five years, and is also liable to a fine. However, if the rash or negligent act is done by a registered medical practitioner while performing a medical procedure, the punishment is imprisonment of either kind for up to two years, and a fine.

The explanation to sub-section (1) defines a registered medical practitioner as a medical practitioner who holds a medical qualification recognised under the National Medical Commission Act, 2019, and whose name is entered in the National Medical Register or a State Medical Register under that Act.

Sub-section (2) covers a person who causes the death of anyone by rash and negligent driving of a vehicle, where the act does not amount to culpable homicide, and who then escapes without reporting the incident to a police officer or a Magistrate soon after it happens. Such a person is punishable with imprisonment of either kind for up to ten years, and is also liable to a fine.

Official 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.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
  • SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
  • SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)

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