Under the Bharatiya Nyaya Sanhita (BNS) 2023, which replaces IPC 1860, the section corresponding to criminal medical negligence (previously IPC 304A — causing death by negligence) is:
- A BNS Section 105
- B BNS Section 302
- C BNS Section 106 ✓
- D BNS Section 204
Correct answer: C. BNS Section 106
Explanation
The Bharatiya Nyaya Sanhita (BNS) 2023 came into force on 1 July 2024, replacing the Indian Penal Code 1860. IPC Section 304A (causing death by rash or negligent act not amounting to culpable homicide) is now codified as BNS Section 106. The Supreme Court's interpretation from Jacob Mathew v. State of Punjab (2005) requiring gross negligence for criminal liability under this section continues to apply under BNS Section 106. BNS Section 105 corresponds to culpable homicide. BNS Section 302 does not exist as numbered in BNS.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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