Shyamkanu Mahanta booked under BNS 61(2), 105, 106(1) in Zubeen death case — What does it mean

Guwahati turned tense on September 25 as the Special Investigation Team (SIT), along with the CID, raided the residence of Shyamkanu Mahanta, the chief organiser of the North East India Festival in Singapore and the man who took Zubeen Garg abroad for the event.

A case has been registered against Mahanta under Sections 61(2), 105, and 106(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, in connection with the death of the iconic singer.

Officials confirmed that the raid was part of the ongoing probe into Zubeen’s sudden demise in Singapore, which has sparked public outrage and demands for accountability.

What do the Sections Mean?

Section 61(2) – Relates to acts of culpable homicide not amounting to murder in specific aggravated situations.

This subsection specifies the punishment for criminal conspiracy to commit an offense punishable with death or imprisonment for life or for a term of two years or upwards.

The penalty for such a conspiracy is the same as if the person had abetted the offense itself.

Section 105 – Deals with abetment, instigation, or conspiracy leading to an offence.

This section deals with situations where a person's actions cause death, but the circumstances do not fulfill the criteria for murder.

It prescribes punishment with imprisonment for life, or imprisonment of either description for a term not less than five years but which may extend to ten years, and also includes a fine.

Also Read: Assam lawyers’ body refuses to defend accused in Zubeen Garg death case

Section 106(1) – Covers acts endangering life or causing grievous harm with intent or knowledge.

This subsection covers causing death by negligence. 

Specifically, it outlines that the act causing death must be negligent or rash to a criminal degree, directly causing the patient's death, and requires sufficient medical and factual evidence. 

A distinct provision under this section applies to registered medical practitioners who cause death by negligence, with a punishment of imprisonment for two years and a fine. 

The SIT is expected to continue questioning Mahanta in the coming days. Meanwhile, protests across Assam have intensified, with demands for immediate arrests and a transparent probe into Zubeen Garg’s death.