Section 106

Section 106 is among the most consequential reforms in the BNS for ordinary citizens, addressing the daily tragedy of road deaths. The section replaces IPC 304A (negligent causing of death) and introduces two significant changes. Sub-section (1) deals with general negligent death — including medical negligence, workplace accidents, and general rashness — and triples the maximum sentence from IPC 304A's 2 years to 5 years. This reflects India's growing impatience with deaths caused by avoidable recklessness, including medical negligence. Sub-section (2) is entirely new — the 'Hit and Run' provision. It creates a separate, more severe offence for drivers who cause a death through rash and negligent driving and then flee the scene without reporting to police or a magistrate. The maximum is 10 years (non-bailable) — a dramatic escalation from the general provision. The rationale is powerful: a driver who stays at the scene, calls an ambulance, and reports to police has given the victim the best chance of survival and has cooperated with the justice system. A driver who flees leaves the victim without immediate help, destroys evidence, and avoids accountability. The mandatory reporting requirement — 'soon after the incident' — transforms the driver's duty from a moral obligation into a legal one with criminal consequences for breach. When this provision was first announced, truck drivers across India went on strike, fearing its application. The Supreme Court and the government subsequently clarified its scope, but the provision remains on the books as enacted.