IPC Section 304A = BNS Section 106

Causing Death by Negligence

उपेक्षा से मृत्यु कारित करना

Offences Against the Body Punishment Changed Cognizable Bailable Updated: 2026-02-28

Overview

Section 304A of the IPC dealt with causing death by a rash or negligent act not amounting to culpable homicide. Under the BNS 2023, this is now Section 106 with a significant increase in punishment. The maximum imprisonment has been raised from 2 years to 5 years. A special provision has been added for registered medical practitioners, limiting their liability to 2 years.
Hindi IPC की धारा 304A उतावलेपन या लापरवाही से मृत्यु कारित करने से संबंधित थी जो सदोष मानव वध की श्रेणी में नहीं आती। BNS 2023 के तहत, यह अब धारा 106 है जिसमें दण्ड में महत्वपूर्ण वृद्धि की गई है। अधिकतम कारावास 2 वर्ष से बढ़ाकर 5 वर्ष कर दिया गया है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 304A Section 106
Title Causing Death by Negligence Causing Death by Negligence
Punishment Imprisonment up to 2 years, or fine, or both Imprisonment up to 5 years and fine; if by registered medical practitioner — up to 2 years and fine
Changed
Cognizable Yes — Police can arrest without warrant
Bailable Yes — Bail is a matter of right
Compoundable Yes — Can be settled between parties
Triable By Magistrate of the First Class

Key Changes

  • Section number changed from IPC 304A to BNS 106
  • Maximum imprisonment increased from 2 years to 5 years
  • Special protection for registered medical practitioners — maximum 2 years imprisonment
  • Hit-and-run cases specifically addressed under BNS 106(2) with imprisonment up to 10 years and fine

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 A person caused the death of another
  2. 2 The death was caused by a rash or negligent act
  3. 3 The act did not amount to culpable homicide
  4. 4 There was no intention to cause death or knowledge of likelihood of death

Frequently Asked Questions

What is the BNS equivalent of IPC Section 304A?

IPC Section 304A (Causing Death by Negligence) is now BNS Section 106 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

Has the punishment for death by negligence increased under BNS?

Yes. The maximum imprisonment has been increased from 2 years (IPC 304A) to 5 years (BNS 106). Additionally, hit-and-run cases can attract up to 10 years imprisonment under BNS 106(2).

Are doctors protected under BNS Section 106?

Yes. BNS Section 106 includes a special provision for registered medical practitioners, limiting their maximum imprisonment to 2 years, provided the act was done in the course of medical treatment.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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