Causing death by negligence

(1) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

Explanation

For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.

(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.

BNSS Classification 1

• 106(1) – Causing death by negligence: Imprisonment for 5 years and fine.
• 106(1) – Causing death by negligence by registered medical practitioner: Imprisonment for 2 years and fine.
• Cognizable
• Bailable
• Triable by Magistrate of the first class.

BNSS Classification 2

• 106(2) – Causing death by rash and negligent driving of vehicle and escaping: Imprisonment for 10 years and fine.
• Cognizable
• Non-bailable
• Triable by Magistrate of the first class.