IPC · Chapter XVI · Of offences affecting the human body
IPC section 304A, “Causing death by negligence”, is now BNS section 106(1) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.
Now sub-section (1) of BNS section 106, with a heavier punishment: up to five years and fine (IPC: up to two years, or fine, or both). A registered medical practitioner causing death by negligence during a medical procedure is punishable with up to two years and fine. Sub-section (2), on rash or negligent driving causing death and escaping without reporting it, has not been brought into force: the notification bringing the BNS into force on 1 July 2024 excluded it.
Indian Penal Code, 1860
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 two years, or with fine, or with both.
Bharatiya Nyaya Sanhita, 2023
The part that carries IPC 304A is marked.
(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.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.
The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.
