(1) Whoever causes 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 five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Explanation.—For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a 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.
Simplified Explanation
Section 106 of the Bharatiya Nyaya Sanhita (Indian Penal Code) deals with the punishment for causing death by negligence. It specifically addresses two situations: death caused by rash or negligent acts (not amounting to culpable homicide) and death caused by negligent driving. The section also distinguishes between different types of negligence and applies specific punishments depending on the nature of the act.
Text of Section 106
The section consists of two sub-sections:
Sub-section (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 five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing a medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.”
Explanation:
- Rash or Negligent Act: This refers to an act where the person’s actions were careless or reckless but not severe enough to constitute culpable homicide. Negligence implies a failure to exercise proper care or caution, while rashness refers to acting without considering the consequences.
- Registered Medical Practitioner: In this context, a “registered medical practitioner” refers to a licensed doctor or medical professional, who is listed in the National Medical Register or a State Medical Register under the National Medical Commission Act, 2019.
- Punishment for Rash or Negligent Acts: If someone causes death due to rash or negligent behavior (e.g., accidentally causing a fatal injury), the punishment can include imprisonment for up to five years, as well as a fine.
- Punishment for Medical Practitioners: If the death is caused by negligence or rashness during a medical procedure, and the practitioner is a registered medical professional, the punishment is less severe: up to two years imprisonment and a fine. This reflects the special nature of medical procedures, where errors or accidents may occur during treatment, but they do not automatically qualify as culpable homicide.
Sub-section (2):
“Whoever causes the death of any person by rash and negligent driving of a vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
Explanation:
- Rash and Negligent Driving: This refers to causing death through careless or reckless driving, such as speeding, ignoring traffic rules, or driving without due consideration for safety, which does not meet the standard of culpable homicide.
- Failure to Report the Incident: A key element of this section is the requirement to report the incident to a police officer or a Magistrate. If the driver involved in the accident escapes without reporting it to the authorities, the punishment becomes more severe.
- Punishment: In cases where death is caused by rash or negligent driving and the person involved does not report it, the punishment can extend up to ten years of imprisonment and a fine. The higher penalty reflects the seriousness of both causing death and then avoiding responsibility by not reporting the incident.
Key Points
- Death by Negligence (Sub-section 1): In general, the section provides a penalty of up to five years imprisonment and a fine for death caused by a rash or negligent act that does not amount to culpable homicide.
- For medical practitioners, this penalty is reduced to up to two years if the death is caused by negligence during a medical procedure.
- Rash and Negligent Driving (Sub-section 2): If the death is caused by rash and negligent driving and the person responsible does not report it, the punishment is more severe: up to ten years of imprisonment and a fine.
Conclusion
Section 106 addresses deaths caused by negligence or rashness in two key contexts:
- General Negligence: If a person causes death through negligent or rash behavior, they face up to five years imprisonment and a fine.
- Driving Offenses: If death is caused by rash and negligent driving and the driver does not report the incident, the penalty can extend to ten years imprisonment and a fine.
This section emphasizes the severity of negligent actions leading to death, and it further underscores the responsibility to report incidents to the authorities, especially in cases of negligent driving.
