BBanaka

BNS Section 106: Causing death by negligence

Bharatiya Nyaya Sanhita, 2023 · Chapter 6: Of Offences Affecting the Human Body - Of offences affecting life - Of hurt - Of wrongful restraint and wrongful confinement - Of criminal force and assault - Of kidnapping, abduction, slavery and forced labour

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106.
(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.

(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.

Study: explanations and related material

Replaces IPC 304A. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

106(1)Causing death by negligence.

Punishment
Imprisonment for 5 years and fine.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

106(1)Causing death by negligence by registered medical practitioner.

Punishment
Imprisonment for 2 years and fine
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

106(2)Causing death by rash and negligent driving of vehicle and escaping.

Punishment
Imprisonment for 10 years and fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Magistrate of the first class

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 163. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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