Cl. 106(1), BNS seeks to replace s.304A IPC on causing death through a rash or negligent act which does not amount to culpable homicide. In Cl. 106(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.
- For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognized under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
- Further, whoever causes death of any person by rash or negligent driving of vehicle not amounting to a 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. In the context of increased vehicular accidents in the country, this increased punishment is in consonance with repeated observations by the Supreme Court of India regarding inadequacy of punishment under Section 304A of IPC.
