BNS:- S.106-108 CAUSING DEATH BY NEGLIGENCE

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S.106 BNS / S.304A IPC CAUSING DEATH BY NEGLIGENCE.

1. Whoever causes the 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.

Q. D, a bus driver, was driving a bus carrying passengers on a kuchha road. A speeding truck carrying goods came ' from opposite side raising lot of dust resulting in poor visibility. D did not stop but continued to drive. B, a boy, who was trying to cross the road was hit by the bus driven by D and died soon thereafter. Which one among the following statements brings out the correct legal position?

(a) D is not liable for any offence and if, at all, any person has to be held guilty it is the driver of the speeding truck

(b) D is not liable as it is B who should have taken care not to cross the road during low visibility

(c) D is liable under Section 106, BNS as he knowingly continued to drive his vehicle even when there was low visibility and as a consequence of his rash act B was killed even though B may have contributed to the accident

(d) D cannot be held liable as the truck driver as well as B had contributed to the final act resulting in the death of B

Ans. (c)

Q. Whoever causes death of a person by rash or negligent act not amounting to murder is liable to be punished with:

(a) imprisonment extending up to three years

(b) with fine

(c) with imprisonment extending to two years and fine

(d) with imprisonment extending to two years or fine or both

Ans.(d)

Q. If in a trial for 'causing death by negligence' it is established that the accused had been at fault though victim had also been equally at fault:

(a) the fact that the actual injury was brought about by carelessness or contribution of the victim also, will be no defence

(b) contributory negligence would be a good defence

(c) the degree of culpability as to the amount of negligence on his part shall be deciding factor

(d) None of the above

Ans.(c)

Q. What is the maximum punishment provided for rash and negligent driving on the public road?

(a) One year imprisonment & one thousand rupees fine

(b) Six months imprisonment and one thousand rupees fine

(c) Two years imprisonment and five thousand rupees fine

(d) One year imprisonment and Five thousand rupees fine

Ans. (b)

Q. 'A' beats his wife. She fell down and became unconscious. Believing her to be dead and to save himself from being arrested for murder 'A' hanged her in the fan with rope. Postmortem report disclosed her death from hanging, he is liable for:

(a) No offence

(b) Murder

(c) Culpable Homicide

(d) Causing Death by Negligence

Ans. (d)

Q. Section 106 of Bhartiya Nyaya Sanhita, 2023 pertains to:

(a) Dowry death

(b) Abatement of suicide

(c) Causing death by negligence

(d) Culpable homicide not amounting to murder

Ans. (c)

S.107 BNS / S.305 IPC ABETMENT OF SUICIDE OF CHILD OR PERSON OF UNSOUND MIND

If any child, any person of unsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine

S.108 BNS / S.306 IPC ABETMENT OF SUICIDE

If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Q. Section 108 of Bhartiya Nyaya Sanhita, 2023 has been declared by the Supreme Court

(a) not violative of the Constitution of India

(b) unconstitutional

(c) illegal

(d) none of the above

Ans. (a)

Q. Which one of the following Sections of Bhartiya Nyaya Sanhita, 2023 relates to punishment for abetment to commit suicide?

(a) Section 108

(b) Section 109

(c) Section 110

(d) Section 226

Ans. (a)

Q. Ram aged years, tell Shyam who is aged 17 years and on account of the . death of his father is sad, that if Shyam dies by jumping in a burning pyre of a woman he i.e. Shyam would meet his father in heaven and would find bliss. Shyam, aged 17 years, know that by doing so he would be committing suicide, but on account of instigation by Ram suffers death by jumping in the burning pyre of a woman. Ram is guilty of:

(a) Abetment for the suicide committed by Shyam

(b) Murder of Shyam

(c) No offence

(d) Both (a) & (b) above

Ans. (a)

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