IPC Section 304A
Causing death by negligence
BNS Section 106— Causing death by negligence
Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the IPC.
Punishes causing death by a rash or negligent act that does not amount to culpable homicide. It creates three distinct sub-categories: general rash/negligent acts (up to 5 years), acts by registered medical practitioners during medical procedures (up to 2 years), and rash/negligent driving where the driver flees without reporting to police or a Magistrate (up to 10 years).
- Punishment
- General: imprisonment of either description up to 5 years, and fine. Registered medical practitioner during medical procedure: imprisonment of either description up to 2 years, and fine. Hit-and-run (escape without reporting): imprisonment of either description up to 10 years, and fine.
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- Yes
For the full text of the new section, see the linked BNS page above. For the binding statutory text, refer to the India Code or the Gazette of India. This reference is informational, not legal advice.