Under the Bharatiya Nyaya Sanhita (BNS) 2023, which section replaced IPC Section 304A (causing death by negligence) and is directly relevant to cases of medical negligence resulting in patient death?
- A BNS Section 106 ✓
- B BNS Section 104
- C BNS Section 109
- D BNS Section 112
Correct answer: A. BNS Section 106
Explanation
BNS Section 106 corresponds to the former IPC Section 304A (causing death by negligence — not amounting to culpable homicide). It applies when death is caused by a rash or negligent act, which includes medical negligence cases where a healthcare professional's careless treatment results in a patient's death. The punishment under BNS 106 is imprisonment up to 2 years, or fine, or both. BNS 104 covers culpable homicide not amounting to murder; BNS 109 covers abetment of suicide.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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