BNS Section 106 – Causing death by negligence

Amit Kapoor05 mins

IPC Section – 304 A

Cognizable offence
Punishable with imprisonment for five years and fine
Note: Punishment of imprisonment enhanced from 2
years to 5 years

Causing death by negligence

(1) 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 seven years, and shall also be liable to fine.
(2) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide and escapes from the scene of incident or fails to report the incident to a Police officer or 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.

Example:
Vijay was cleaning his loaded gun, without realising it was loaded. While doing so, it fired by mistake killing Rakesh. Here, Rakesh died due to Vijay’s rash and negligent act. For this, Vijay will be punished for imprisonment up to 5 years along with fine.

Key Points in BNS-106

Definition of the Offense:

  • This section addresses deaths caused by acts of rashness or negligence that do not qualify as culpable homicide.

Punishment for Rash or Negligent Acts:

  1. General Case:
    • If someone causes death through a rash or negligent act (but not amounting to culpable homicide), the punishment can be imprisonment for up to seven years and/or a fine. This reflects the seriousness of the act, even though it is not intentional, it results in death due to carelessness.
  2. Failure to Report or Escape:
    • If the offender causes death through rash or negligent actions and then escapes from the scene or fails to report the incident to the police or magistrate promptly, the punishment is more severe. They may face imprisonment for up to ten years and/or a fine. This higher penalty addresses the additional wrongdoing of evading responsibility and obstructing justice.

Summary:
BNS-106 outlines penalties for causing death through rash or negligent behavior that does not amount to culpable homicide:

  • Without Escape or Failure to Report: Up to seven years imprisonment and a fine.
  • With Escape or Failure to Report: Up to ten years imprisonment and a fine.

These provisions ensure that individuals are held accountable not just for their negligent actions leading to death, but also for subsequent attempts to avoid responsibility.

Offense: Causing death by negligence
Punishment: Imprisonment for 5 years and a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Bailable
By what Court triable: Magistrate of the first class

Offense: Causing death by negligence by a registered medical practitioner
Punishment: Imprisonment for 2 years and a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Bailable
By what Court triable: Magistrate of the first class

Offense: Causing death by rash and negligent driving of a vehicle and escaping
Punishment: Imprisonment for 10 years and a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Magistrate of the first class

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