Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 106: 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 five years and shall also be liable to fine. If such an act is done by a registered medical practitioner while performing a 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 recognized under the National Medical Commission Act, 2019, and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
(2) Whoever causes the death of any person by rash and negligent driving of a 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 for a term which may extend to ten years and shall also be liable to fine.
Brief Detail
BNS Section 106 addresses the issue of causing death by negligence. It outlines two distinct circumstances where negligence leads to fatal outcomes. First, it punishes anyone who causes death through rash or negligent actions, imposing stricter penalties for registered medical practitioners. Second, it establishes higher penalties for those who cause death through rash driving and flee the scene without reporting the incident.
Questions & Answers
Q1: What is the punishment for causing death by a negligent act under BNS Section 106?
A1: The punishment for causing death by a negligent act is imprisonment of up to five years and a fine.
Q2: How does BNS Section 106 address negligence by registered medical practitioners?
A2: If a registered medical practitioner causes death by negligence while performing a medical procedure, the punishment is imprisonment of up to two years along with a fine.
Q3: What qualifies someone as a registered medical practitioner under this section?
A3: A registered medical practitioner refers to someone who holds a recognized medical qualification under the National Medical Commission Act, 2019, and whose name is listed in the National or State Medical Register.
Q4: What happens if someone causes death by negligent driving and escapes without reporting the incident?
A4: If someone causes death by negligent driving and fails to report it to the authorities, they face imprisonment for up to ten years and a fine.
Example
- A doctor, while performing surgery, acts negligently, resulting in the death of the patient. Under BNS Section 106, the doctor can be sentenced to imprisonment for up to two years and may be fined.
- A driver, through rash driving, accidentally kills a pedestrian and escapes the scene without informing the police. Under BNS Section 106, the driver can be sentenced to imprisonment for up to ten years and may be fined.
Summary
BNS Section 106 penalizes causing death by negligence. It prescribes up to five years imprisonment for general negligence, with stricter terms for medical professionals. Additionally, it punishes drivers who negligently cause death and flee the scene with up to ten years imprisonment.
