IPC to BNS
IPC Section 304A in BNS: Section 106(1)
Section 304A of the Indian Penal Code, 1860 (Causing death by negligence) corresponds to Section 106(1) of the Bharatiya Nyaya Sanhita, 2023.
Last updated 9 October 2026
IPC 304A and BNS 106(1) at a glance
| IPC (old) | BNS (new) | |
|---|---|---|
| Section | 304A | 106(1) |
| Heading | Causing death by negligence | Causing death by negligence |
| Punishment | Imprisonment up to 2 years, or fine, or both. | Imprisonment up to 5 years and fine. Where the act is done by a registered medical practitioner while performing a medical procedure: up to 2 years and fine. |
| Mapping | Direct equivalent | |
What IPC Section 304A covered
Punishes causing the death of any person by a rash or negligent act that does not amount to culpable homicide. It is the usual charge in fatal road accidents and medical negligence cases.
What changed in BNS Section 106(1)
The maximum term rises from two years to five, with a lower two-year ceiling kept for registered medical practitioners. Section 106(2), a separate hit-and-run offence carrying up to ten years where the driver escapes without reporting the incident to a police officer or Magistrate, has been enacted but was kept on hold when the BNS commenced; check whether it has been notified before relying on it.
Punishment: IPC 304A compared with BNS 106(1)
- Under IPC Section 304A
- Imprisonment up to 2 years, or fine, or both.
- Under BNS Section 106(1)
- Imprisonment up to 5 years and fine. Where the act is done by a registered medical practitioner while performing a medical procedure: up to 2 years and fine.
Which law applies: IPC or BNS?
The BNS applies to offences committed on or after 1 July 2024. An offence committed before that date continues to be investigated, tried and punished under the IPC, because the repeal and savings clause in Section 358 of the BNS preserves liabilities and proceedings under the repealed Code.
Read the full text of both provisions before you cite them. The official bare acts are published on India Code.
IPC 304A: common questions
What is the new section for IPC 304A?
IPC Section 304A (Causing death by negligence) corresponds to Section 106(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What is the punishment under BNS Section 106(1)?
Imprisonment up to 5 years and fine. Where the act is done by a registered medical practitioner while performing a medical procedure: up to 2 years and fine.
Does IPC Section 304A still apply to older cases?
The BNS applies to offences committed on or after 1 July 2024. An offence committed before that date continues to be investigated, tried and punished under the IPC, because the repeal and savings clause in Section 358 of the BNS preserves liabilities and proceedings under the repealed Code.
Related IPC sections
- IPC 304 to BNS 105 · Culpable homicide
- IPC 302 to BNS 103(1) · Murder
- IPC 306 to BNS 108 · Abetment of suicide
- IPC 300 to BNS 101 · Murder (definition)
- IPC 307 to BNS 109 · Attempt to murder
- IPC 299 to BNS 100 · Culpable homicide
- IPC 308 to BNS 110 · Attempt to culpable homicide
- IPC 309 to BNS 226 · Attempt to suicide
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Not legal advice. This comparison is a research starting point. A mapped section is not proof that two provisions are identical. Read both bare acts, check commencement and any later amendment, and have a qualified advocate review anything you intend to rely on. Settl is not a law firm.