Section 304A IPC and Section 106 BNS: Causing Death by Negligence

What was Section 304A IPC?

Section 304A IPC - Causing death by negligence provided:

The expression imprisonment of either description means rigorous or simple imprisonment. The former Section 304A was intended for conduct falling short of culpable homicide; it did not require proof of an intention to kill. For alleged acts committed before 1 July 2024, the former IPC provisions and applicable saving and transition rules may remain relevant.

Section 106 BNS - Causing death by negligence

Section 106(1): General rash or negligent act

Section 106(1) BNS punishes causing death through a rash or negligent act that does not amount to culpable homicide with imprisonment of either description up to five years and a fine. Unlike the wording of the former Section 304A IPC, the BNS provision requires a fine in addition to the imprisonment prescribed on conviction.

Registered medical practitioners

Where the act is committed by a registered medical practitioner while performing a medical procedure, Section 106(1) prescribes imprisonment of either description for a term up to two years and a fine. The statutory explanation defines a registered medical practitioner as a person with a qualification recognised under the National Medical Commission Act, 2019, whose name is entered in the National Medical Register or a State Medical Register.

Section 106(2): Rash driving and failure to report

The enacted text of Section 106(2) describes causing death by rash and negligent driving, followed by escaping without promptly reporting the incident to a police officer or Magistrate. Its stated punishment is imprisonment up to ten years and a fine. However, the Central Government's notification dated 23 February 2024 expressly excluded Section 106(2) from the provisions commencing on 1 July 2024. Its statutory text should not be confused with an operative offence unless a subsequent commencement notification has been issued.

Section 304A IPC vs Section 106 BNS: Key differences

Meaning of rashness, negligence and causation

Rashness generally involves proceeding with an act despite awareness of an unjustifiable risk. Criminal negligence involves a serious departure from the care expected in the circumstances; not every accident or civil wrong automatically establishes criminal liability.

For liability under the provision, the prosecution must establish a rash or negligent act, the death of a person, and a legally sufficient causal connection between the conduct and the death. The act must not instead constitute culpable homicide, which involves different mental elements under the penal law.

In medical-negligence cases, the standard for criminal liability is not satisfied merely because treatment has an adverse outcome. The applicable professional standard, degree of negligence, medical evidence and causation require careful evaluation.

Illustrative situations

• A driver allegedly disregards basic road safety and fatally injures a pedestrian. Whether the facts establish criminal rashness or negligence depends on the evidence.
• A workplace supervisor allegedly disregards a serious and foreseeable safety hazard that directly results in a death. Liability depends on duty, conduct, causation and other legal requirements.
• A patient dies following medical treatment. An adverse result alone does not establish criminal negligence; the professional standard and evidence must be examined.

Is Section 106(1) BNS bailable or non-bailable?

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offences under Section 106(1) BNS are classified as cognizable and bailable and are triable by a Magistrate of the First Class. A cognizable offence generally permits police investigation without a Magistrate's prior order, subject to the governing procedural safeguards. A bailable offence generally carries a statutory entitlement to bail upon compliance with applicable conditions.

For a pre-1 July 2024 incident under Section 304A IPC, the relevant former law and procedural transition provisions should be checked. The classification of the uncommenced Section 106(2) must not be applied as though that provision were already operative.

Frequently asked questions

What is the punishment under Section 304A IPC?

Under the former IPC provision, imprisonment of either description up to two years, a fine, or both.

Which BNS section corresponds to IPC Section 304A?

Section 106 BNS, principally Section 106(1), addresses causing death by rashness or negligence without culpable homicide.

Is causing death by negligence always murder?

No. Murder and culpable homicide require different legal elements. Section 106(1) specifically concerns acts not amounting to culpable homicide.

Does every fatal road accident result in conviction?

No. The prosecution must prove the necessary rash or negligent conduct and causation. A fatality alone is not sufficient.

Has the ten-year hit-and-run clause come into force?

Section 106(2) was expressly excluded from the commencement notification effective 1 July 2024. Its current commencement status should be checked against later Gazette notifications before relying on it.