106
106
Causing death by negligence
Bharatiya Nyaya Sanhita, 2023
Chapter VI Of Offences Affecting The Human Body
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsNegligenceDeathTraffic OffencesMedical NegligenceSerious
🗣️ Simple Explanation
What does this law say?
Section 106 of the Bharatiya Nyaya Sanhita (BNS) deals with causing someone's death due to your careless or reckless actions. This includes things like driving dangerously or a doctor's negligence during a medical procedure.
Why does this law exist?
It aims to prevent deaths caused by negligence. It holds people accountable for their actions. This law ensures people act responsibly.
Real-life impact
Imagine a driver texting while driving and causing an accident. Or a doctor making a mistake during surgery. This law applies in such situations. It protects people from harm caused by others' carelessness.
What happens if you break this law?
You could face jail time. The jail time can be up to 5 years. If it involves a doctor, it's up to 2 years. You will also have to pay a fine. If you flee the scene after a car accident, you could face up to 10 years in jail.
⚖️ Punishment
Imprisonment up to ten years, or fine, or both.
💡 Real Life Example
Rahul, driving under the influence, hits a pedestrian. He is liable under this section. Sneha, a doctor, makes a mistake during surgery, leading to a patient's death. She could face charges. Amit, driving recklessly, causes an accident and flees the scene. He will be punished.
🛡️ KNOW YOUR RIGHTS
- •Seek legal advice immediately if accused.
- •Gather evidence to support your case.
- •Cooperate with the police investigation.
- •Remember, you have the right to legal aid.
❓ FREQUENTLY ASKED QUESTIONS
Section 106 of the BNS addresses causing death by negligence. This includes rash driving or medical negligence. It punishes those whose careless actions lead to someone's death. The punishment varies depending on the nature of the negligence. This section replaces the old law, but the core principle remains the same.
The punishment depends on the situation. For general negligence, it's up to 5 years in jail and a fine. If a doctor is involved, it's up to 2 years. If you flee the scene after a car accident, it's up to 10 years. The police can arrest you without a warrant.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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