Under the Bharatiya Nyaya Sanhita (BNS) 2023 (replacing IPC), Section 106 deals with death by negligence. Which statement about Section 106 BNS is MOST accurate compared to old Section 304A IPC?
- A Section 106 BNS is identical to 304A IPC in every respect
- B Section 106(1) BNS retains 304A IPC equivalent (negligent act causing death, 2 years imprisonment); Section 106(2) BNS adds enhanced punishment (up to 10 years) for a registered medical practitioner who performs a procedure at a non-permitted facility without due care ✓
- C BNS 106 specifically exempts doctors from prosecution for medical negligence
- D BNS 106 only applies to traffic accidents and not medical negligence
Explanation
BNS 2023 Section 106 retains the old IPC 304A equivalent in Section 106(1): causing death by a rash or negligent act not amounting to culpable homicide, punishable with imprisonment up to 2 years and/or fine. Critically, Section 106(2) is a NEW addition with no IPC equivalent: it specifically targets registered medical practitioners who cause death due to negligence while performing a medical procedure at a non-permitted or unauthorized facility — punishable with up to 10 years imprisonment and fine. This significantly elevates liability for doctors practicing in unlicensed settings. This controversial provision was initially opposed by medical associations. Section 106 is not limited to traffic accidents (D) and does not exempt doctors (C).
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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Written and medically reviewed by the StethoPrep medical team.