(1) Whoever causes the 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.
(2) Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, and the incident arises due to medical procedure, the registered medical practitioner conducting such procedure shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
ℹ️ Classification & Key Notes
NEW: S.106(2) specifically protects doctors — lower punishment (2 years) for death due to negligence during medical procedure. Key case: Jacob Mathew v. State of Punjab (2005) SC — higher threshold for prosecuting doctors.
