BNS Section 106

BNS Section 106 of the Bharatiya Nyaya Sanhita (BNS) deals with causing death by negligence.

(1) Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(2) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide and escapes from the scene of incident or fails to report the incident to a Police officer or Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.

Example:
Vijay was cleaning his loaded gun, without realising it was loaded. While doing so, it fired by mistake killing Rakesh. Here, Rakesh died due to Vijay's rash and negligent act. For this, Vijay will be punished for imprisonment up to 5 years along with fine.

Key Points in BNS-106
 

1. Definition of the Offense:
    

   • This section deals with deaths caused by acts of rashness or negligence that do not amount to culpable homicide.
      

2. Punishment for Rash or Negligent Acts:
    

   • General Case:
      

     • If someone causes death through a rash or negligent act (but not amounting to culpable homicide), the punishment can be imprisonment for up to seven years and/or a fine. This reflects the seriousness of the act which, while not intentional, still results in death due to the offender's carelessness.
        

   • Failure to Report or Escape:
      

     • If the offender not only causes death through rash or negligent actions but also escapes from the scene or fails to report the incident to the police or a magistrate promptly, the punishment is more severe. They may face imprisonment for up to ten years and/or a fine. This higher penalty is intended to address the additional wrongdoing of evading responsibility and obstructing justice.
        

Summary

BNS-106 outlines penalties for causing death through rash or negligent behavior not amounting to culpable homicide:
 

• Without Escape or Failure to Report: Up to seven years imprisonment and a fine.
   

• With Escape or Failure to Report: Up to ten years imprisonment and a fine.
   

These provisions ensure that individuals are held accountable not just for their negligent actions leading to death, but also for their subsequent attempts to avoid responsibility.

Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.