IPC § 304A · Indian Penal Code, 1860 · Repealed on 1 July 2024

Section 304A IPC — Causing death by negligence

Replaced from 1 July 2024 by BNS 106 of the Bharatiya Nyaya Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the IPC.

The law now: BNS 106 — Causing death by negligence

(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.

Explanation.—For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised 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.

(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to 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.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNS 106 in full

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