Section 304A IPC in BNS: Section 106 Death by Negligence

Section 304A IPC is now Section 106 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Section 106(1) punishes causing death by a rash or negligent act with up to five years and fine (up to two years for a registered doctor during a medical procedure). Section 106(2), the hit-and-run clause with up to ten years, has not been brought into force and was kept out of the 1 July 2024 commencement.

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What Section 106 BNS says

Section 106(1): death by negligence

Whoever causes the death of any person by doing a rash or negligent act “not amounting to culpable homicide” is punishable with imprisonment up to five years and fine. The key ingredients are:

• the death of a person;
• caused by the act of the accused, which must be the direct and proximate cause;
• the act was rash or negligent; and
• there was no intention or knowledge of the kind needed for culpable homicide.

Rash means acting with awareness of the risk but hoping it will not happen. Negligent means failing to take the care a reasonable person would take. Both are lower mental states than the intention or knowledge needed for Section 105 BNS.

The doctor clause

If the act is done by a registered medical practitioner while performing a medical procedure, the maximum is two years and fine. A registered medical practitioner means one holding a qualification recognised under the National Medical Commission Act, 2019 and enrolled in the National or a State Medical Register.

Section 106(2): hit and run

This clause covers a driver who causes death by rash and negligent driving and escapes without reporting the incident to a police officer or Magistrate soon after it. The punishment is up to ten years and fine. The higher punishment is for running away and not reporting, not for the accident alone.

What changed from Section 304A IPC

• Higher maximum: Section 304A carried up to two years. Section 106(1) raises this to five years.
• Separate doctor clause: Registered doctors keep the old two-year maximum when death occurs during a medical procedure.
• New hit-and-run offence: Section 106(2) is new, but it has not been notified.

Is Section 106(2) in force?

No. When the BNS was brought into force from 1 July 2024, the Central Government’s notification excluded Section 106(2). The clause triggered protests by truck drivers and transporters in January 2024, after which the government said it would invoke the provision only after consulting the All India Motor Transport Congress.

In July 2026, the Delhi High Court dismissed a public interest petition connected to the non-notification of Section 106(2). It noted that under Section 1(2) BNS, provisions come into force on the dates the Central Government notifies, and that the court could not compel enforcement. So, as of October 2026, a hit-and-run death is prosecuted under Section 106(1), and failure to report is dealt with separately under the Motor Vehicles Act, 1988.

Important case law

• Jacob Mathew v. State of Punjab (2005) 6 SCC 1: For criminal liability, a doctor’s negligence must be gross or reckless, not a mere error of judgment. A private complaint against a doctor should be backed by a credible opinion of another competent doctor, and doctors should not be arrested as a matter of routine.
• Alister Anthony Pareira v. State of Maharashtra (2012) 2 SCC 648: A drunk driver who ran over pavement dwellers was held liable under Section 304 Part II IPC, as he had knowledge that his act was likely to cause death. Rash driving with such knowledge can go beyond Section 304A.

Common confusions

• Section 106 vs Section 105: If the driver or actor had knowledge that death was likely (for example, very drunk driving into a crowd), the charge may be Section 105 BNS. Section 106 is for cases without such knowledge.
• Section 106 vs Section 281 BNS: Section 281 (old Section 279 IPC) punishes rash driving on a public way that endangers life, even if no one dies. Both are often charged together.
• Hit and run is not automatically ten years: Because Section 106(2) is not in force, the ten-year punishment cannot be applied today.

For the general public: what to do

• If you are the driver: Stop, help the injured get medical aid, and report to the nearest police station. Section 134 of the Motor Vehicles Act already requires this.
• Victim’s family: File an FIR. Ask for copies of the FIR, post-mortem report and site plan. Claim compensation before the Motor Accident Claims Tribunal.
• Unknown vehicle: Under the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022, compensation is Rs 2 lakh for death and Rs 50,000 for grievous hurt. Apply through the claims enquiry officer in your district (usually the SDM) with the FIR and post-mortem or medical report.
• Medical negligence: Before filing a criminal complaint, obtain treatment records and, where possible, an expert medical opinion, as required by Jacob Mathew. A consumer complaint for compensation is a separate remedy.

Exam angle

• 304A = 106; maximum raised from 2 to 5 years.
• Doctor clause: up to 2 years, only for a registered medical practitioner during a medical procedure.
• 106(2): up to 10 years, non-bailable, not in force.
• Jacob Mathew: gross negligence standard for doctors.
• Section 106(1) is bailable and triable by a Magistrate of the first class.

Frequently asked questions

What is the new section for 304A IPC?

Section 304A IPC is now Section 106(1) of the BNS, with a maximum of five years and fine.

Is the new hit-and-run law in force?

No. Section 106(2) BNS was excluded from the July 2024 commencement and, as of October 2026, has not been notified.

Is Section 106 BNS bailable?

Section 106(1) is bailable. Section 106(2) would be non-bailable once it comes into force.

What is the punishment for a doctor under Section 106?

Up to two years and fine, if the death occurs during a medical procedure by a registered medical practitioner.

How much compensation is paid in a hit-and-run death?

Under the 2022 scheme, Rs 2 lakh for death and Rs 50,000 for grievous hurt where the vehicle cannot be traced.

Quick quiz

Sources

• Bharatiya Nyaya Sanhita, 2023: Sections 1(2), 105 and 106 (India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023: First Schedule
• Jacob Mathew v. State of Punjab (2005) 6 SCC 1
• Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022 (Ministry of Road Transport and Highways)
• LiveLaw report on Delhi High Court dismissal of PIL on Section 106(2) BNS, July 2026

This page is for education and general information, not legal advice for a specific case.