Section 106: Causing death by negligence

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

• Jacob Mathew v. State of Punjab (2005)Decided on IPC section 304AA doctor is criminally liable under Section 304A IPC only for gross negligence judged by the Bolam test; the Court affirmed Dr. Suresh Gupta, laid down guidelines for prosecuting doctors, and quashed the appellant's prosecution.

Questions on this section

5 questions in 15 of our papers cite Section 106. Try these from the free papers:

1. 1. In Jacob Mathew v. State of Punjab (2005), the Supreme Court dealt with criminal prosecution of doctors under Section 304A of the Indian Penal Code (now Section 106(1) BNS). Which of the following is part of its holding?

   A.A private complaint should not be entertained unless the complainant produces a credible opinion of another competent doctorB.The Bolam test is not applicable in India, and a doctor is judged by the highest skill available in his specialtyC.The rule of res ipsa loquitur, by itself, is sufficient to establish criminal negligence on the part of a doctorD.Any negligence sufficient to found civil liability in tort is also sufficient for a doctor's conviction for causing death
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2. 2. Match List I (provisions of the BNS) with List II (corresponding provisions of the IPC): List I A. Section 103 BNS B. Section 106(1) BNS C. Section 190 BNS D. Section 196 BNS List II 1. Section 304A IPC 2. Section 302 IPC 3. Section 153A IPC 4. Section 149 IPC

   A.A-2, B-1, C-4, D-3B.A-1, B-2, C-4, D-3C.A-2, B-4, C-1, D-3D.A-2, B-1, C-3, D-4
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3. 3. How does Section 106(1) BNS differ from Section 304A IPC in punishing a person (other than a registered medical practitioner performing a medical procedure) who causes death by a rash or negligent act not amounting to culpable homicide?

   A.The maximum imprisonment is raised from two years to seven years, and fine alone remains a permissible punishmentB.The maximum imprisonment is raised from two years to five years, and punishment with fine alone is no longer providedC.The maximum imprisonment is raised from five years to ten years, and the liability to fine has been omittedD.The maximum imprisonment remains two years, but a minimum sentence of six months has been added
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