Comparative Analysis of Section 304A IPC and Section 106 of Bharatiya Nyaya Sanhita (BNS) on Causing Death by Negligence
Earlier, Section 304A of the Indian Penal Code (IPC) used to deal with the provision of death by rash and negligent act and now, Section 106 of the Bharatiya Nyaya Sanhita (BNS), addresses this issue. In this article, we explore the key differences between these sections.
1. Punishment Duration:
IPC Section 304A: The punishment prescribed for causing death by negligence is imprisonment for a term that may extend to two years, or a fine, or both.
BNS Section 106(1): This section elevates the punishment duration, specifying imprisonment for a term that may extend to five years and a fine. Notably, if the act is committed by a registered medical practitioner during a medical procedure, the term is limited to two years.
2. Inclusion of Registered Medical Practitioners:
IPC Section 304A: Does not explicitly address the role of registered medical practitioners.
BNS Section 106(1): Recognizes scenarios where a registered medical practitioner causes death by negligence during a medical procedure. In such cases, the term of imprisonment is distinct from other acts of negligence.
Watch JudiX’s 1 minute video explainer on Section 106 of BNS
3. Specific Provision for Rash and Negligent Driving:
IPC Section 304A: General in its language, covering any rash or negligent act not amounting to culpable homicide.
BNS Section 106(2): Introduces a specific provision for causing death by rash and negligent driving of a vehicle. If the driver escapes without reporting the incident to a police officer or a Magistrate, the punishment includes imprisonment for a term that may extend to ten years and a fine.
4. Reporting Obligation for Vehicular Negligence:
IPC Section 304A: Silent on the reporting obligation for cases involving vehicular negligence.
BNS Section 106(2): Imposes an additional obligation – if death results from rash and negligent driving and the driver escapes without reporting it promptly, the punishment is intensified.
5. Variation in Fine:
IPC Section 304A: Leaves the fine to the discretion of the court.
BNS Section 106: Specifies that the offender shall be liable to a fine, emphasizing a more explicit inclusion of this financial penalty.
6. Enhanced Imprisonment for Vehicular Negligence:
IPC Section 304A: No specific provision for vehicular negligence.
BNS Section 106(2): Imposes a higher term of imprisonment, up to ten years, for causing death by rash and negligent driving of a vehicle and escaping without prompt reporting.
7. Legal Implications for Registered Medical Practitioners:
IPC Section 304A: Applicable to all cases of causing death by negligence without distinguishing based on the profession of the offender.
BNS Section 106(1): Introduces a specific provision for registered medical practitioners, acknowledging the distinctive context of medical procedures.
In essence, the differences between IPC Section 304A and BNS Section 106 reveal that in the latter, increased punishment durations and a targeted focus on scenarios involving hit and run cases and negligence by registered medical practitioners has been incorporated.
Comparative Analysis of Section 304A IPC and Section 106 BNS (Bharatiya Nyaya Sanhita) | Difference