Under the Bharatiya Nyaya Sanhita (BNS) 2023, a doctor who negligently causes the death of a patient during a surgical procedure may be charged under Section 106 (causing death by negligence). What is the maximum imprisonment term prescribed under this section?
- A 10 years
- B 7 years
- C 5 years ✓
- D 2 years
Correct answer: C. 5 years
Explanation
Under BNS 2023, Section 106 prescribes imprisonment up to 5 years and fine for causing death by a rash or negligent act not amounting to culpable homicide. This replaced IPC Section 304D which also carried a maximum of 2 years; the BNS enhanced the punishment. Section 106(2) provides up to 10 years for registered medical practitioners in certain cases of negligence.
Reference: Reddy KSN and Murty OP, The Essentials of Forensic Medicine and Toxicology, 37th ed.
High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP
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