Hit and Run New Law

Hit and run new law and cases are quite frequent in India. The drivers most of the time do run away from the scene in order to avoid police investigation and punishment. Sometimes it happens because of the anger of the mob. While fleeing from the scene it also becomes very difficult for the accident victims to get timely medical treatment, thus giving rise to preventable death of the victims. 

Earlier, cases of hit and run law in india were dealt with under the Motor Vehicle Act 1988 and IPC (now in BNS). However, lenient punishment provisions under the respective laws and increasing cases of accident led to new stringent laws.

The drivers and transporters are protesting against the new law owing to the potential misuse of the law, violation of existing laws, escalation of mob violence and fairness. To placate the protestors, the government has assured the drivers & transporter that their concerns will be taken into account before the law.

New hit & run law, incorporated in Section 106 (1) & (2) of Bharatiya Nyaya Sanhita (BNS), 2023. This section replaces the earlier older system under IPC. The new law ensures drivers are held accountable for their actions, discourages negligent and rash driving, and emphasizes the victim’s welfare and justice.

 

New Hit and Run Law in India

The new hit and run law in India was introduced to tackle cases arising from increased road accidents, with the perpetrator absconding and disregarding the life of the injured individual.

Previously inadequate punishments were unsuccessful in making offenders liable, and the victim’s torment extended for a prolonged period.

The Bharatiya Nyaya Sanhita (BNS), 2023 set into place a heavier punishment under Section 106 for offenders and to check the violation of law to ensure justice for victims. This move complies with global road safety requirements and the public outcry for stricter punishment against reckless drivers.

 

Punishment under new Hit and Run Law

The penalties under the new Hit and Run law Section 106 of the Bharatiya Nyaya Sanhita (BNS) 2023 are enumerated below:

1. For causing death by negligent driving while staying at the scene: imprisonment for a period not more than 5 years and shall also be liable to fine.
2. For causing death by negligent driving by absconding without informing thepolice or the magistrate: imprisonment for a period not more than 10 years and shall also be liable to fine.
3. Medial Practitioner accused of death by medical negligence shall face a punishment of imprisonment for up to 2 years and also liable to fine.

 

Challenges under new Hit & Run Law

Multiple problems arise from the implementation of the new Hit and Run law in India:

• Commercial Drivers Fearing Under-ground Evasion due to Severe Penalties of 10 years jail and Rs. 7lakh fine.
• Lack of driver and police knowledge concerning the law’s scope.
• Mob violence that leads drivers to steer clear and forgo reporting accidents.
• Logistical and economic disruption caused by transporters’ strikes and protests over punitive measures.
• Overburdening of cases that require prompt court proceedings and judgment.
• Delayed police response and victim support in many cases.
• Demands by drivers’ unions to amend or revoke the new law on hit and run due to concerns over harshness and fairness of punishment.

 

Hit-and-Run Statistics and Legal Duties

In the year 2022, 47,806 cases of hit and run were reported by the National Crime Records Bureau, claiming 50,815 lives.

The law places a legal obligation on the offenders to immediately inform the police or a magistrate of their involvement in an accident.

The legislative intention behind this law is to instill a sense of moral responsibility in drivers towards the accident victims.

Provisions have also been laid out to criminalize the offense of failing to report accidents as and when needed.

 

New Hit and Run Law Provisions

The new law on hit-and-run in India, that came into force under Bharatiya Nyaya Sanhita (BNS) in December 2023, holds drivers accountable for leaving an injured pedestrian unattended after an accident.

• Section 106(2): Offenders who flee the accident scene without reporting their involvement to the police face up to ten years of imprisonment and a fine.
• Section 106(1): This section offers a reduced penalty of up to five years imprisonment and a fine for drivers who report the accident to the police or a magistrate, thereby fulfilling their legal and moral duty in cases of road fatalities due to rash driving.

The new law on hit-and-run seeks to instill accountability in drivers and minimize the loss of lives. However, due to the stiff punishment and fairness issues, drivers have protested against the provision of Section 106 (2) under the Bharatiya Nyaya Sanhita, 2023 and has been suspended, as assurance has been given to consider drivers’ concerns. Such considerations by the concerned authorities before enacting laws might have helped to mitigate issues to a certain extent.

 

FAQs for New Law on Hit and Run Case

1. What is the New Hit & Run Law in India?

This law is included under Section 106 of Bharatiya Nyaya Sanhita (BNS) 2023. This new law has replaced the IPC 304A related to rash driving, with an intensified punishment for the offense of escaping the accident site.

2. What is the punishment prescribed under Section 106(1) of BNS?

Imprisonment for a period not exceeding five years and a fine for drivers who cause death due to negligence and promptly report the accident to a police officer or a magistrate.

3. What happens in case of drivers fleeing the scene after a hit and run accident?

Under Section 106(2), offenders have to face up to ten years imprisonment and a fine for failing to provide assistance at the scene of a hit-and-run and immediately report their involvement to a police officer or magistrate.

4. What are the drivers’ duties if they are involved in a hit-and-run accident?

Drivers must immediately stop at the accident site, provide appropriate medical aid to the victim and duly report to the nearest police station or a magistrate within the stipulated duration.

5. Why were truck drivers protesting against the new law in India?

Protests by truck and commercial drivers against the new hit-and-run law stemmed from concerns over the severe punishment (10 years of jail time) mandated under Section 106(2) of the BNS.