Forensic Medicine · Medical Jurisprudence and BNS/BNSS/BSA Sections

Under the Bharatiya Nyaya Sanhita (BNS) 2023, causing death by a rash or negligent act not amounting to culpable homicide is covered under which section, and what is the maximum punishment?

  • A Section 105 BNS; imprisonment up to 5 years
  • B Section 106 BNS; imprisonment up to 5 years or fine, or both; and for a registered medical practitioner up to 2 years
  • C Section 302 BNS; life imprisonment
  • D Section 304 BNS; imprisonment up to 10 years
Correct answer: B. Section 106 BNS; imprisonment up to 5 years or fine, or both; and for a registered medical practitioner up to 2 years

Explanation

Section 106 BNS 2023 corresponds to Section 304A of the repealed IPC 1860, covering death caused by a rash or negligent act not amounting to culpable homicide. Punishment is imprisonment of either description up to 5 years, or fine, or both. A new provision specifically for registered medical practitioners providing medical assistance: if death is caused by their rashness or negligence, punishment is up to 2 years imprisonment or fine, or both, acknowledging the complex context of medical decision-making. Section 105 covers culpable homicide not amounting to murder.

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

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

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