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BNS § 106

Section 106 of the Bharatiya Nyaya Sanhita 2023, reproducing the substance of IPC § 304A (causing death by negligence). Sub-section (1) applies to medical negligence deaths: imprisonment up to 2 years, fine, or both. The Jacob Mathew and Martin D'Souza protections apply to § 106 prosecutions.

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Bolam testBolitho qualificationHelling v. Carey (1974)Jacob Mathew testMartin D'Souza safeguardMontgomery v. Lanarkshire (2015)NMC (India)

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