Bharatiya Nyaya Sanhita, 2023 · Chapter VI: Of Offences Affecting the Human Body · Of offences affecting life
Section 106: Causing death by negligence
In plain words
Causing someone's death by a rash or negligent act that is not culpable homicide is punishable with up to five years in prison and a fine. For a registered medical practitioner during a medical procedure, the maximum is two years and a fine.
- Causing death by rash and negligent driving and then escaping without reporting it to a police officer or Magistrate soon after is punishable with up to ten years in prison and a fine.
- A "registered medical practitioner" means someone with a recognised qualification registered under the National Medical Commission Act, 2019.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 106 replaces section 304A of the IPC: causing death by a rash or negligent act not amounting to culpable homicide. The core idea is unchanged, but the BNS raises the punishment and adds two new features: a separate, lower limb for doctors, and a hit and run provision.
What changed from section 304A
- The maximum rises from two years to five, and a fine is now compulsory.
- A registered medical practitioner whose rash or negligent act during a medical procedure causes death faces up to two years and fine.
- Sub-section (2): death by rash and negligent driving where the driver escapes without reporting to a police officer or Magistrate soon after, up to ten years and fine.
Sub-section (2) and its status
When the BNS came into force on 1 July 2024, sub-section (2) was not brought into force with the rest of it, after protests by transporters. Check whether it has since been notified before relying on it.
Criminal negligence must be gross
The Supreme Court's rulings on section 304A apply: for criminal liability, negligence must be gross, not merely the civil negligence that founds a claim for damages; the death must be the direct result of the act; and a bad medical outcome is not by itself proof of negligence.
When it becomes culpable homicide
If the accused knew his conduct was so dangerous that death was likely, the case may fall under the knowledge limb of section 105 (culpable homicide not amounting to murder) rather than section 106.
Key Supreme Court rulings
Jacob Mathew v. State of Punjab 2005 INSC 334
Decided under section 304A of the IPC. Criminal negligence must be gross or of a very high degree; the death must be the direct result of the act; res ipsa loquitur cannot by itself decide criminal liability. Laid down safeguards for prosecuting doctors.
Alister Anthony Pareira v. State of Maharashtra 2012 INSC 18
Rash driving with knowledge of its dangerous character and likely effect, causing death, was culpable homicide not amounting to murder, not merely death by negligence.
Common mistakes
- Applying sub-section (2) without checking whether it is in force.
- Treating civil negligence as criminal negligence.
- Missing the separate, lower limb for registered medical practitioners.
Read with: Section 100 BNS, Section 105 BNS, Section 304A IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 106
No Supreme Court judgment in our database cites this section yet.