BNS Section 106 - Causing Death by Rash or Negligent Act

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished.

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Bailable, Cognizable

Official Text

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished.

Legal Analysis

Elements to Prove:

  • Causing death of another person.
  • Rash or negligent act.
  • Not amounting to culpable homicide.

Potential Defenses:

  • No negligence.
  • Acting with due care.
  • Unavoidable accident.

Practical Examples

What Constitutes the Offense:

Reckless driving, medical negligence, industrial safety violations.

What Doesn't Constitute:

Unavoidable accidents, acts of God, or lawful activities.

Punishment

Imprisonment up to 2 years, or Fine, or both