BNS Section 106
What punishment does a doctor face if his negligence causes a patient’s death?
Short answer
A registered medical practitioner can be jailed for up to two years and fined for causing death by negligence during a medical procedure.
In detail
Section 106 of the Bharatiya Nyaya Sanhita, 2023 deals with deaths that happen because of careless or reckless actions that do not amount to murder. If any person’s rash or negligent act leads to another’s death, the law allows a prison term of up to five years along with a fine. However, when the person responsible is a registered medical practitioner performing a medical procedure, the maximum imprisonment is reduced to two years, still with a fine. The section also covers deaths caused by reckless driving. If a driver’s negligent driving results in death and the driver leaves the scene without promptly informing a police officer or magistrate, the punishment is harsher – up to ten years in prison and a fine. The provision aims to hold professionals and drivers accountable for careless actions that lead to loss of life, ensuring both deterrence and compensation for the victim’s family.
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Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.