IPC 304A → BNS 106: Death by Negligence

Quick Summary: IPC 304A vs BNS 106

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 304A (Death by Negligence) is now mapped to BNS Section 106.

What did IPC 304A cover?

IPC 304A dealt with death by negligence — causing death by rash or negligent act. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 106: What changed in the new law?

Stricter for hit-and-run cases. From 1 July 2024, all new criminal complaints relating to death by negligence are filed under BNS Section 106. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 106

Enhanced - Up to 5 years (was 2 years)

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 106 instead of IPC 304A.
• Police officers: Use BNS 106 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 304A ↔ BNS 106 mapping.