IPC Section 304A is now BNS 106(1): Causing death by negligence

Indian Penal Code, 1860 · applies to offences and proceedings before 1 July 2024

ChangedIPC 304A → BNS 106(1)

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: IPC section is included as subsection in BNS. Imprisonment is increased and offence by registered medical practitioner and its explanation are added.

Printed in both official correspondence tables (BPR&D and NCRB).

IPC 304A: Causing death by negligence

Before 1 July 2024

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.]

BNS 106: Causing death by negligence

From 1 July 2024 · the part that replaces it is BNS 106(1)

(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.

Everything BNS 106 replaced →

Which one applies

An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.

Read BNS section 358 →

Judgments decided under IPC 304A

They remain the law on IPC 304A. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.