Under the Bharatiya Nyaya Sanhita 2023 (BNS), which section corresponds to the previously existing IPC Section 304A — causing death by negligence?

• A BNS Section 100
• B BNS Section 106 ✓
• C BNS Section 113
• D BNS Section 299

Explanation

BNS 2023 replaced IPC 1860. IPC Section 304A (causing death by rash or negligent act not amounting to culpable homicide) is now codified under BNS Section 106. Medical negligence causing death is prosecuted under this section. The punishment is imprisonment up to 2 years, or fine, or both. BNS Section 106(2) specifically provides for situations where the negligent act is by a registered medical practitioner, introducing the principle that doctors shall not be arrested unless there is adequate evidence of gross negligence — a notable new protection.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

Written and medically reviewed by the StethoPrep medical team.