A 45-year-old man sustains a comminuted fracture of the femur in a road traffic accident and dies 6 days later due to fat embolism. The accused driver is prosecuted under the corresponding provision of the Bharatiya Nyaya Sanhita (BNS) 2023 that replaced IPC Section 304A. The MAXIMUM punishment under this BNS provision is:

• A Imprisonment up to 1 year and fine
• B Imprisonment up to 10 years and fine
• C Imprisonment up to 5 years and fine
• D Imprisonment up to 2 years and fine ✓

Explanation

BNS Section 106 replaces IPC Section 304A (causing death by negligence). The maximum punishment is imprisonment up to 2 years, or fine, or both. This is a common trap: candidates confuse it with Section 106(2) for rash/negligent act causing death in a rash manner, which carries up to 5 years. Section 106(1) is the plain negligence provision carrying 2 years.

Reference: Reddy K. S. Narayana - Essentials of Forensic Medicine and Toxicology, 37th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

Written and medically reviewed by the StethoPrep medical team.