Bharatiya Nyaya Sanhita 2023
Section 106 :
Causing death by negligence :
(See section 304A of IPC 1860)
Section : 106 (1)
Classification of Offence:
Offence : Causing death by negligence.
Punishment : Imprisonment for 5 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Offence : Causing death by negligence by registered medical practitioner.
Punishment : Imprisonment for 2 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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1.[Section : 106 (2)
Classification of Offence:
Offence : Causing death by rash and negligent driving of vehicle and escaping.
Punishment : Imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.]
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(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.
1.[(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.]
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1. 1st July, 2024, vide notification No. S.O. 850(E), dated 23nd Feb, 2024, see Gazette of India, Extraordinary, Part II, section. 3 (ii).
Indian Penal Code 1860 (IPC 1860)
Section 304A :
1.[Causing death by negligence:
(See section 106 of BNS 2023)
Classification of Offence:
Offence: Causing death by rash or negligent act.
Punishment : Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Whoever causes the 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 two years, or with fine, or with both.]
State Amendments :
Himachal Pradesh :
After Section 304 A of the Indian Penal Code, 1860, in its application to the State of Himachal
Pradesh, the following section shall be added, namely: —
“304-AA. Causing death or injury by driving a public service vehicle while in a state of
intoxication.—Whoever, while in a state of intoxication, drives or attempts to drive a public service
vehicle and causes the death of any person not amounting to culpable homicide, or causes any bodily
injury likely to cause death, shall be punished with imprisonment for life, or imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine, as if the act by
which death or bodily injury is caused, is done with the knowledge that he is likely by such act to cause
death or cause such bodily injury as is likely to cause death.
Explanation :
“Public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage and stage carriage”.
[Vide Himachal Pradesh Act 19 of 1997, sec. 2].
In Section 304-AA of the Indian Penal Code, 1860, in its application to the State of Himachal
Pradesh, —
(a) for the words “a public service vehicle” where ever these occur, the words “any vehicle” shall be substituted; and
(b) the Explanation shall be omitted.
[Vide Himachal Pradesh Act 7 of 2012, sec. 2].
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1. Ins. by Act 27 of 1870, s. 12.