Understanding New “Hit and Run” Law

What is Hit and Run New Law?

Highlights

The new law imposes:

– stricter penalties for drivers who flee accident spots,

– penalty up to 10 years of imprisonment and a fine of ₹7 lakh

The recent nationwide strike called by the All India Transporters is in opposition to a provision outlined in the Bhartiya Nyay Sanhita (BNS), which introduces stricter penalties for causing death in hit-and-run cases.

First let us know “What is hit and run”?

Hit and run cases are related to road accidents. Hit and run means causing harm to a person or property due to rash and negligent driving and then running away.

• In such a situation, due to lack of evidence and eyewitnesses, it becomes very difficult to catch and punish the culprits.

Understanding “Hit and Run” New Law

According to Section 106 (2) of the Bhartiya Nyay Sanhita (BNS), individuals who cause the death of another person through reckless and negligent driving, not amounting to culpable homicide, and then flee without promptly reporting the incident to a police officer or a Magistrate, may face imprisonment for a term of up to ten years and a fine of ₹7 lakh.

Important to note:

It is noteworthy to mention that under Section 106(1) of the Bhartiya Nyay Sanhita (BNS), a driver who promptly informs officials about the accident is subject to a less severe punishment. In such cases, imprisonment for a term of up to five years and a corresponding fine may be imposed.

The scope of this law extends to private vehicle owners as well.

Objective of “Hit and Run” New Law

Reduce the occurrence of hit-and-run incidents:

• The objective of the new legislation is to reduce the incidence of hit-and-run cases, a menace responsible for approximately 50,000 fatalities annually in India.

Prior Scenario

Under the old British-era Indian Penal Code (IPC), there was no dedicated provision for hit-and-run cases. Incidents falling under this category were addressed under Section 304 A of the IPC.

• As per this section, an individual causing the death of another due to a reckless or negligent act could face a maximum imprisonment term of two years or be subject to a fine.

Why is the need for New “Hit and Run law”?

The introduction of the new “Hit and Run law” serves several purposes:

1. Increase Accountability:

The law aims to enhance accountability by imposing stricter penalties, including up to 10 years of imprisonment and a ₹7 lakh fine, on individuals involved in hit-and-run incidents.

This is intended to discourage reckless behavior and ensure that those responsible for such accidents face severe consequences.

2. Legal Framework Update:

The legislation replaces the outdated British-era Indian Penal Code (IPC) and brings about significant changes to the criminal justice system.

• Revisions extend to the Criminal Procedure Code (CrPC) and the Evidence Act, modernizing the legal framework to address contemporary challenges related to hit-and-run cases.

3. Victim Empowerment:

The new law grants victims the right to speak during trials, providing them with a platform to express their perspectives and experiences.

• This inclusion aims to make the legal process more equitable and considerate of the rights and voices of those affected by hit-and-run accidents.

4. Promote Road Safety:

Through the imposition of harsher penalties for hit-and-run cases, the legislation seeks to promote road safety.

• By discouraging dangerous driving behavior, the law aims to contribute to a safer environment on the roads, ultimately reducing the alarming number of fatalities caused by such incidents, which currently stands at around 50,000 annually in India.

Reaction of the drivers responding to the new law?

Widespread Opposition:

Truck drivers nationwide are vehemently protesting the newly enacted hit-and-run law, citing its stringent penalties. The All India Motor Transport Congress is advocating for the law’s recall, expressing concerns about potential harassment.

Concerns of Drivers:

Drivers argue that the law is excessively harsh, with fines causing financial strain. There is apprehension that it could dissuade existing drivers and discourage newcomers to the profession. Additionally, drivers fear unjust 10-year sentences resulting from false accusations or accidents beyond their control.

Impact of Protests:

The protests have led to significant disruptions in transportation and supply chains.

• Over 70% of the approximately 1.20 lakh trucks, tempos, and containers in Mumbai are currently off the roads, potentially affecting the distribution of fuel and essential goods.
• The ongoing three-day strike is anticipated to have repercussions on the distribution of fuel and essential commodities. Similar protests are unfolding in various parts of the country.

Is the government considering withdrawing the new hit-and-run law?

Following the protests, the government clarified that the provision will only be enforced after consultations. A press release from the Ministry of Home Affairs indicates that the decision to invoke Section 106(2) of the Bharatiya Nyay Sanhita will be made in consultation with the All India Motor Transport Congress.

Thanks

Happy reading!!