BNS 2023 § 106
Definition
Bharatiya Nyaya Sanhita 2023 provision criminalising causing death by negligence; the primary charging provision for fatal hit-and-run cases in India, with enhanced penalties for drivers who flee the scene.
- Offense Type
- Causing death by negligent act
- Common Context
- Hit-and-run fatal collisions, especially when combined with vehicle evidence (paint, glass, tyre, headlight)
- Jurisdiction
- India (Bharatiya Nyaya Sanhita 2023)
Common questions
What is BNS 2023 § 106 used for?+
This provision charges drivers with causing death by negligence, especially in hit-and-run cases. It is the primary charge in fatal traffic collisions where the driver's negligent actions led to someone's death.
Are there extra penalties for fleeing a hit-and-run scene?+
Yes. BNS 2023 § 106 includes enhanced penalties specifically for drivers who flee the scene after causing a fatal accident.
How does paint evidence connect to this charge?+
In hit-and-run fatality cases, automotive paint transferred between the vehicle and the victim or scene is commonly collected and compared using paint databases (PDQ, EUCAP) to link the driver to the collision. This physical evidence is then presented to support the negligence charge.
Related terms
- EUCAP
- European Collection of Automotive Paints, maintained at the Bundeskriminalamt (BKA) in Wiesbaden; the European counterpart to PDQ for automotive hit-and-run paint comparison.
- PDQ (Paint Data Query)
- RCMP-maintained international automotive paint database. Stores binder, pigment and layer data for vehicle original-equipment finishes from major manufacturers. Used to narrow a...
- ASTM E2927
- Standard test method for the determination of trace elements in glass samples using LA-ICP-MS; specifies the element suite, calibration standards (NIST SRM...
- BKA (Bundeskriminalamt)
- German Federal Criminal Police Office; custodian of EUCAP and primary German forensic laboratory for automotive paint comparison.
- Cold Filament Failure
- Fracture of a tungsten bulb filament below operational temperature; characterised by a clean, brittle transverse fracture with no deformation and no oxide...
- Direct Comparison
- Side-by-side physical and spectroscopic comparison of the questioned chip with a sample from the suspect vehicle; the mandatory final stage in any...
- ENFSI EPG
- Expert Working Group on Paint (European Network of Forensic Science Institutes); produced the European paint-examination protocol and promoted EUCAP development.
- ENFSI FIRM
- Forensic Intelligence and Reporting Model; verbal LR scale from 'inconclusive' through 'limited', 'moderate', 'strong', and 'very strong' support used in European trace-evidence...
- FCIN
- Forensic Collision Investigation Network (UK); provides standardised protocols for fatal and serious-injury collision forensic examination, including paint, glass, tyre and filament examination.
- FSR Codes of Practice
- The Forensic Science Regulator's Codes of Practice and Conduct, made statutory by the Forensic Science Regulator Act 2021, setting mandatory quality standards...
- Hot Filament Failure
- Fracture of a tungsten bulb filament while at operational temperature (2,500-3,000 K); characterised by ductile deformation at the break, coiling, and tungsten...
- LA-ICP-MS
- Laser ablation inductively coupled plasma mass spectrometry; a technique that fires a laser pulse at a sample surface, vaporises a tiny amount,...
Explained in these topics
- Paint Databases (PDQ, EUCAP) and Comparison CaseworkBharatiya Nyaya Sanhita provision for causing death by negligent act; the charge under which automotive paint evidence is commonly adduced in Indian hit-and-ru...
- Vehicle Examination: Paint, Glass, Tyre, Headlight FilamentBharatiya Nyaya Sanhita 2023 provision criminalising causing death by negligence; the primary charging provision for fatal hit-and-run cases in India, with enh...