Section 106. Causing death by negligence.
(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.
Section 106 of the Bharatiya Nyaya Sanhita, 2023, addresses the legal consequences for individuals who cause the death of another person due to rash or negligent actions that do not amount to “culpable homicide.” The section is divided into two main clauses, covering general negligent acts, negligence by medical practitioners during medical procedures, and cases involving negligent driving with additional penalties for failing to report the incident. Here’s a detailed explanation of the section:
Clause (1): Causing Death by Negligence (General Provision)
- Overview: Clause (1) stipulates that if a person causes the death of another due to a rash or negligent act, they can be punished with imprisonment for a term that may extend up to five years, and they may also be required to pay a fine.
- Rash or Negligent Act Defined: In this context, a “rash act” refers to doing something recklessly without considering the potential harmful consequences, while a “negligent act” refers to failing to exercise reasonable care, resulting in unintended harm. This clause specifically applies when such acts lead to the death of a person, but there is no intention or knowledge that the act could result in death.
- Not Amounting to Culpable Homicide: For the act to fall under this provision, it must not constitute “culpable homicide,” which means there is no intention to kill or awareness that the act is likely to result in death. Culpable homicide has a different legal framework with more severe penalties.
Example: If a person negligently leaves a hazardous item like a live wire exposed, resulting in another person’s death, it could be considered a rash or negligent act under this provision.
Special Provision for Registered Medical Practitioners
- Negligence During Medical Procedures: If a registered medical practitioner causes the death of a patient due to negligence during a medical procedure, the punishment is reduced, with imprisonment of up to two years and a fine.
- Rationale for Lesser Punishment: This provision recognizes the complexities of medical practice, where even with the exercise of due care, complications may arise. However, it ensures accountability if the medical professional fails to meet the standards of care.
- Definition of Registered Medical Practitioner:
- The term “registered medical practitioner” refers to an individual who holds a recognized medical qualification under the National Medical Commission Act, 2019.
- The practitioner’s name must be entered in the National Medical Register or a State Medical Register under that Act.
- This ensures that only qualified and legally recognized medical practitioners are subject to the reduced penalties under this clause.
Clause (2): Causing Death by Negligent Driving and Escaping
- Death Caused by Negligent Driving: If a person causes the death of another through rash or negligent driving, the act still does not amount to culpable homicide but is nonetheless considered a serious offense.
- Additional Penalty for Escaping Without Reporting: If the individual fails to report the incident to a police officer or Magistrate soon after the occurrence, the punishment is significantly harsher. The imprisonment term can extend up to ten years, and the person is also liable to pay a fine.
- Reason for Harsher Punishment:
- This provision aims to deter drivers from fleeing accident scenes, as leaving without reporting may delay medical assistance to the victim or hinder the investigation process.
- Reporting an accident promptly is a legal duty, and failure to do so aggravates the severity of the negligent act.
Example: If a person hits a pedestrian while driving recklessly and leaves the scene without informing the police, this clause would apply. The offense is considered more serious because of the added factor of fleeing, which shows a disregard for legal obligations and public safety.
Key Elements to Consider
- Distinction Between Rash/Negligent Act and Culpable Homicide:
- The law differentiates between causing death by negligence and causing death with intent or knowledge. Section 106 applies when there is no intention to kill or awareness that the act could likely result in death. If intent or awareness is present, it would be considered culpable homicide under a different legal provision.
2. Treatment of Medical Negligence:
- While medical professionals may face legal consequences for negligence, the law provides a specific and relatively lesser penalty (up to two years imprisonment) to acknowledge the unique nature of medical work, where there is always some inherent risk.
- This section ensures accountability but does not equate medical negligence to other forms of reckless behavior resulting in death.
3. Negligent Driving and Failure to Report:
- The law treats negligent driving causing death more seriously if the driver escapes without reporting the accident, which could compromise the victim’s chances of survival.
- The penalty is increased to up to ten years of imprisonment, showing the legislature’s intention to deter such behavior and promote responsible conduct.
Legal Implications and Objectives of Section 106
- Deterrence of Negligence: By imposing penalties on rash and negligent acts resulting in death, Section 106 aims to deter individuals from engaging in careless behavior, whether in general activities, driving, or professional medical practice.
- Promoting Accountability: The section ensures that individuals take responsibility for their actions and the consequences thereof, even if they did not intend to cause harm.
- Encouraging Responsible Driving and Reporting: The provision related to negligent driving incentivizes drivers to act responsibly in the event of an accident and promptly report it to the authorities, thereby aiding in legal investigations and possibly saving lives.
In summary, Section 106 of the Bharatiya Nyaya Sanhita, 2023, provides a legal framework to address deaths caused by negligence or rashness, setting different levels of punishment based on the nature of the act and the offender’s conduct following the incident. It aims to strike a balance between penalizing negligent behavior and recognizing the differences in various circumstances, such as medical procedures and road accidents.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304