Section 106Causing death by negligence
Chapter VI — Of Offences Affecting the Human Body
Copied from the Official Gazette. Not yet reviewed by a qualified legal professional.
Important: Commencement status of Section 106(2)
When the Bharatiya Nyaya Sanhita came into force on 1 July 2024, Section 106(2) was excluded from commencement under Government notification S.O. 850(E), dated 23 February 2024.
We have not independently confirmed whether a later notification has brought this provision into force. Please verify its current legal status before relying on it.
Last checked: 6 November 2026.
Read notification S.O. 850(E) in the Gazette of India (PDF, opens in a new tab)
Prepared by the Nyayabharat team from the official Gazette. Not yet reviewed by a qualified legal professional.
Text of the law
Official text (Gazette) Not yet legally reviewed(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 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.
Amendments, judgments and appeal information have not been added for this section yet.
Source and checking
- Where this text comes from
- Gazette of India, Extraordinary, No. 53, 25 December 2023 (Act No. 45 of 2023)
- Type of text
- Official text (Gazette)
- Pages in the Gazette
- p. 34
- Text version
- As originally enacted in 2023. This text may not reflect subsequent amendments or commencement notifications. Last status check: 6 November 2026.
- When the Act came into force
- 1 July 2024, under Government notification S.O. 850(E), dated 23 February 2024. Read notification S.O. 850(E) in the Gazette of India (PDF, opens in a new tab)The notification excluded section 106(2); see the note on that section.Whether an excluded provision was brought into force later has not been independently confirmed. Checked against the Gazette on 6 November 2026. Not yet reviewed by a qualified legal professional.
- Checked by computer against the Gazette?
- Yes, words and structure match
- Reviewed by a qualified legal professional?
- Not yet
- Copied on
- 5 Nov 2026
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