● Modified in BNS
Causing death by a rash or negligent act -- most commonly charged in road-accident and medical-negligence deaths -- carried a maximum 2-year sentence under the IPC. BNS Section 106 raises this to 5 years, carves out a lighter 2-year regime for registered medical practitioners acting in the course of treatment, and creates a new hit-and-run offence of up to 10 years for a driver who causes death by rash or negligent driving and flees without reporting it.
Section 304A IPC punished causing death by any rash or negligent act not amounting to culpable homicide with imprisonment up to 2 years, or fine, or both. This was the main provision used in road-accident and medical-negligence deaths.
BNS Section 106(1) raises the punishment for causing death by rash or negligent act to imprisonment up to 5 years and fine (up to 2 years and fine for registered medical practitioners acting in the course of a medical procedure). Section 106(2) creates a new aggravated offence: a driver who causes death by rash and negligent driving and escapes without reporting the incident faces up to 10 years and fine.
Major change: maximum sentence increased from 2 to 5 years, a softer regime carved out for doctors, and a new hit-and-run offence (up to 10 years) added.
Causing death by negligence: imprisonment up to 5 years, and fine (up to 2 years and fine for a registered medical practitioner acting in the course of a medical procedure). Hit-and-run (driver who flees without reporting): imprisonment up to 10 years, and fine..
IPC 304A is bailable for causing death by negligence and the medical-practitioner limb; non-bailable for the hit-and-run limb..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 304A are tried before the Magistrate of the First Class..
Common defences include absence of rashness or negligence (an accident despite reasonable care is not an offence), contributory negligence by the victim, and, for the hit-and-run limb, that the accused did in fact stop and report the incident.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons