Under the Bharatiya Nyaya Sanhita, 2023, what is the maximum punishment for a REGISTERED MEDICAL PRACTITIONER convicted of causing death by a rash or negligent act (Section 106(1), proviso)?
- A Imprisonment up to 2 years
- B Imprisonment up to 5 years
- C Imprisonment up to 1 year and fine ✓
- D Imprisonment up to 6 months only
Correct answer: C. Imprisonment up to 1 year and fine
Explanation
Section 106(1) of the Bharatiya Nyaya Sanhita, 2023 prescribes up to 2 years imprisonment for causing death by rash or negligent act, but its proviso specifically reduces the maximum punishment for a registered medical practitioner to 1 year imprisonment plus fine. This statutory leniency toward doctors is a deliberate change from the old Section 304A IPC and is frequently examined.
Reference: Bharatiya Nyaya Sanhita, 2023, bare act, 2023 ed.
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