Indian Penal Code, 1860
IPC Section 304A in BNS
Causing death by negligence. Section 304A of the Indian Penal Code, 1860 (Causing death by negligence) corresponds to Section 106(1) of the Bharatiya Nyaya Sanhita, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under IPC & Bharatiya Nyaya Sanhita, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Causing death by rash or negligent act not amounting to culpable homicide is punishable under:
Answer & explanation
Section 106 BNS
BNS Section 106 corresponds to IPC Section 304A. The BNS also introduced a separate, heavier provision for a driver who causes death by rash driving and escapes without reporting the incident.
Punishment for causing death by rash or negligent driving is:
Answer & explanation
Up to five years, and up to ten where the driver escapes without reporting
§ 106(1) BNS raised the general term to five years, and § 106(2) covers hit-and-run.
Statement: Section 106 BNS punishes causing death by a rash or negligent act not amounting to culpable homicide. Conclusion I: The maximum punishment is five years, and ten where the offender escapes without reporting. Conclusion II: The offence requires an intention to cause death. Which is correct?
Answer & explanation
Only Conclusion I follows
Rashness or negligence excludes intention — that is what distinguishes the offence from culpable homicide. Conclusion I states the punishment correctly.
Sections either side of it
How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:
| IPC | Provision | BNS |
|---|---|---|
| 302 | Punishment for murder | 103(1) |
| 303 | Punishment for murder by life-convict | 104 |
| 304 | Punishment for culpable homicide not amounting to murder | 105 |
| 304B | Dowry death | 80 |
| 305 | Abetment of suicide of child or insane person | 107 |
| 306 | Abetment of suicide | 108 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IPC→BNS table