IPC 304A → BNS 106: Death by Negligence

Quick Summary: IPC 304A vs BNS 106

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 304A deals with death by negligence, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers death by negligence as BNS 106 and, for several sexual and grievous-hurt offences, enhances the punishment.

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 for this offence 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, new complaints relating to death by negligence are filed under BNS Section 106, while cases registered earlier continue under the old IPC provision 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: For death by negligence, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 304A carefully to BNS 106.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new death by negligence FIR is filed under BNS 106.
• Law students & citizens: Punishment for death by negligence rises sharply with the seriousness of the harm and the victim — the IPC 304A to BNS 106 change does not lower it.