(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 CommissionAct, 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.
Legal Commentary & Landmark Judgments: Section 106
Section 106 penalizes Causing Death by Negligence, incorporating general rash acts under sub-section (1) alongside the highly publicized Hit-and-Run aggravated penalty under sub-section (2).
This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.
Section 106 modernizes vehicular and professional homicide law. Sub-section (1) raises the general penalty from two to five years, while sub-section (2) attacks the societal menace of hit-and-run drivers who leave bleeding victims to die on highways, imposing up to ten years imprisonment for fleeing without reporting.