New ipc sections

jenifer ferrier (Querist) 09 December 2024 This query is : Resolved
Can 106a be converted to 105 in a fatal accident case?
Sir this question was raised because, my son (college student with valid license) was driving the car with his college mates and all of sudden the fatal accident took place in which three of his classmates died and my son who was driving also ended up with severe injuries. The FIR was filed with BNS section 106a and now the Police is saying that the section may be converted to BNS 105. It's not a drunk and Drive case. I am confused whether I should get an AB for it. 106a is bailable but if it is converted to section 105 is non-bailable, what shall I do and how should i proceed with this? moreover, the police are saying even after his recovery he cannot attend college, and he cannot appear for exams and if he does so, he will be arrested. Please advise.

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A concerned mother is seeking advice regarding her son, a college student involved in a fatal car accident. The initial FIR was filed under BNS Section 106a (causing death by negligence), which is bailable. However, the police are now suggesting it might be converted to BNS Section 105 (culpable homicide not amounting to murder), a non-bailable offence. The mother is unsure whether to seek anticipatory bail and is also facing issues with the police retaining her son's belongings, preventing him from returning to college or attending exams.

T. Kalaiselvan, Advocate (Expert) 10 December 2024
BNS Section 106 penalizes causing death by negligence. It prescribes up to five years imprisonment for general negligence, with stricter terms for medical professionals. Additionally, it punishes drivers who negligently cause death and flee the scene with up to ten years imprisonment.
Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done.
Both are different subjects.

P. Venu (Expert) 11 December 2024
What are the facts? In the absence of material facts, the posting is a riddle than a query.

jenifer ferrier (Querist) 12 December 2024
Sir, I have elaborated my query. Kindly advise.

T. Kalaiselvan, Advocate (Expert) 12 December 2024
A detailed answer was given in my post, you go through them fully and then discuss with your own advocate on all such further issues of practical situation/ nature

P. Venu (Expert) 13 December 2024
What do you mean by "Police is (are) saying"? Has the authorised officer informed in writing? Or is it that you are constantly in touch with some functionary to get the son our of trouble? Or some among them are contact with you for reasons better known to themselves?

jenifer ferrier (Querist) 13 December 2024
The police directly told me that my son will not be allowed to go to college. The police said it orally. I am not in contact with any functionary, as a mother, i am dealing it myself. The college ID card and my son's phone is with the police for the past 5 months. He is not giving our belongings back to start his college.

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