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Indian Penal Code, 1860

IPC Section 304A in BNS

§ 304A IPC→§ 106(1) 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.

Note: BNS 106(2) newly penalises a driver who causes death by rash driving and flees without reporting

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.

Where to find it: BNS, Chapter VI

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.

Where to find it: Chapter VI — Death by Negligence

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.

Where to find it: § 106 BNS

Sections either side of it

How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:

IPCProvisionBNS
302Punishment for murder103(1)
303Punishment for murder by life-convict104
304Punishment for culpable homicide not amounting to murder105
304BDowry death80
305Abetment of suicide of child or insane person107
306Abetment of suicide108

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