IPC §304A → BNS §106
Causing death by negligence
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Comparison
2[304A. Causing death by negligence.—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.]
(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.
(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.
What changedAI-inferred
IPC 304A (causing death by rash or negligent act not amounting to culpable homicide; imprisonment up to 2 years with fine) is preserved as BNS 106 with three substantive changes: (1) general imprisonment ceiling raised from 2 to 5 years; (2) NEW medical-practitioner carve-out — for registered medical practitioners performing medical procedures, the IPC 304A 2-year ceiling is preserved (codifying long-standing concerns about criminal-prosecution chill on medical profession); (3) NEW hit-and-run offence in sub-section (2) — rash/negligent driving causing death + escape without reporting carries 10-year imprisonment ceiling. The hit-and-run innovation responds to advocacy and incidents like the Salman Khan and Vyapam cases.
Old position
IPC 304A is concerned with Causing death by negligence. 2[304A
New position
BNS 106 modifies the framework. Topic: Causing death by negligence. 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
IPC 304A (causing death by rash or negligent act not amounting to culpable homicide; imprisonment up to 2 years with fine) is preserved as BNS 106 with three substantive changes: (1) general imprisonment ceiling raised from 2 to 5 years; (2) NEW medical-practitioner carve-out — for registered...
Editorial deltaAI-indicated (source-linked)
BNS 106 carries forward IPC 304A's base causing-death-by-negligence offence in sub-section (1) and adds aggravated forms in further sub-sections (medical-practitioner negligence and hit-and-run by driver - the latter with a separate higher-punishment proviso). The base punishment ceiling is reframed to 'imprisonment of either description for a term which may extend to five years'. Aggravated forms are partly visible in this extract.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 304A continues to apply. For matters from that date forward, BNS 106 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 106 (Causing death by negligence). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §304A → BNS §106 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/304A.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.