BNS Section 106: Death by Negligence

Section 106 of the Bhartiya Nyaya Sanhita (BNS) deals with causing death by negligence. It replaces Section 304A of the IPC. It establishes criminal liability for anyone who causes death by doing a rash or negligent act not amounting to culpable homicide.

The provision distinguishes between medical negligence and general negligence. In general cases, the punishment is up to 5 years imprisonment and fine. However, a significant addition in BNS is the 'Hit and Run' clause (106(2)), where fleeing the scene and failing to report the incident to authorities carries a much stricter punishment of up to 10 years and a fine. This Provision was widely protested by Truck Drivers.

The legislative intent behind distinguishing 'hit and run' via 106(2) was to deter motorists from abandoning victims, thereby preserving the 'golden hour' for medical intervention. However, this has been highly controversial among transport workers, leading to nationwide protests, on grounds that it holds drivers to an impossibly standard in mob-violence scenarios following accidents. Furthermore, for registered medical practitioners (106(1)), the punishment is capped at 2 years, acknowledging the inherent risks of medical procedures under good faith.