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.
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.
Supreme Court judgments citing the section 106
No Supreme Court judgment in our database cites this section yet.