What is New Hit and Run Law in India? - Explained

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 New Hit and Run Law in India

In the blink of an eye, a routine journey can turn into a nightmare; a moment of panic can lead to a decision with far-reaching consequences. When a driver involved in an accident chooses to flee the scene without fulfilling their legal and moral obligations, it triggers the complex machinery of "hit-and-run law." 

This legal framework is designed to address the aftermath of such incidents, balancing the scales of justice between the rights of the victims and the responsibilities of those behind the wheel. As societies grapple with the challenge of ensuring safety and accountability on their roads, understanding the intricacies of hit-and-run law becomes crucial. 

This article delves into the legal, ethical, and social dimensions of hit-and-run offenses, shedding light on the consequences faced by offenders and the recourse available to victims. In a world where every action behind the wheel holds significant weight, the principles of hit-and-run law stand as a testament to the collective endeavor to foster a culture of responsibility and empathy on our streets.

New Hit and Run Law

The introduction of the new legislation addressing hit-and-run cases in India is set against a backdrop of alarming road accident statistics. In 2022, the country reported over 1.68 lakh fatalities due to road accidents, which translates to an average of 462 deaths every day. 

This marks a 12% increase in road accidents and a 9.4% rise in fatalities from the previous year, contrasting with a global decrease in road crash deaths by 5%. In India, there are, on average, 19 deaths per hour attributable to road accidents, equating to nearly one death every three and a half minutes. 

Notably, more than half of these fatalities occur on national and state highways, which constitute less than 5% of India's total road network. Despite having only 1% of the world's vehicles, India accounts for about 10% of global crash-related deaths and incurs an annual economic loss equivalent to 5-7% of its GDP due to road crashes.

What is New Hit and Run Law in India?

The new hit and run law provision is included in the Bharatiya Nyaya Sanhita (BNS), which aims to replace the colonial-era Indian Penal Code of 1860.

Before the BNS, there was no specific provision for hit-and-run incidents. Hit-and-run incidents were governed by Section 304 A of the IPC (Indian Penal Code), which dealt with causing death due to a reckless or negligent act. The maximum punishment for such cases under Section 304 A was a jail term of two years or a fine.

  • Under Section 106 (2) of the BNS, 2023, there is a provision for a punishment of up to 10 years imprisonment and a fine for individuals who leave the scene of an accident without informing a police officer or magistrate.
  • If a driver promptly reports an accident, they fall under Section 106(1) instead of Section 106(2). This section applies when death is caused by any rash or negligent act not amounting to culpable homicide, with the punishment being up to five years.

The new Bharatiya Nyay Sanhita law in India introduces strict punishments for hit-and-run cases. It means that if someone causes a deadly accident and then leaves the scene without informing the police or a magistrate, they could be jailed for up to 10 years and also fined. The law separates "causing death by negligence" into two parts:
  • The first part covers causing death by any reckless or careless action that isn't considered as severe as culpable homicide. People guilty of this can get up to five years in jail and a fine.
  • The second part is for those who cause death by reckless or careless driving and then flee without reporting it. These individuals can face up to 10 years in prison and a fine.
However, experts are calling for more details on how exactly a driver should report an accident, especially since there's a risk of facing public anger at the scene. They also emphasize the need for protections to ensure this law isn't misused. For instance, there should be clear guidelines on what evidence is acceptable to support the claims of victims or those accused to prevent misuse of the law.

Changes that triggered the backlash

  • The criticism revolves around the stricter penalties for leaving the scene of an accident.
  • The new law increases the jail sentence to up to 10 years and the fine to 7 lakh rupees.
  • Drivers feel at risk, even if the accident is not completely their fault.
  • Truck drivers have expressed concerns about mob violence, especially in rural areas, when transporting injured individuals to hospitals.
  • The topic raises questions about the new law and whether it requires any changes or should be repealed.
  • They argue that the penalty is excessive and fails to consider the challenging work conditions of drivers, such as long driving hours and difficult roads.
  • Transporters also point out that accidents can result from factors outside the driver's control, like reduced visibility from fog, and the risk of drivers facing mob violence if they stop to help at the scene of an accident.
  • Drivers contend that they are frequently held responsible for accidents, regardless of the actual situation.
  • They worry that law enforcement agencies might misuse the law and that the severe penalties could negatively impact the entire transportation sector.

What are the Concerns of the Protesters?

Section 106 (2) of the Bharatiya Nyay Sanhita (BNS), 2023 has become a point of contention among transporters and commercial drivers across India. 

They are calling for the withdrawal or amendment of this section due to what they perceive as excessively harsh penalties for hit-and-run offenses. The section is criticized for prescribing up to 10 years of imprisonment for individuals who flee an accident scene without reporting it to a police officer or magistrate.

However, there seems to be a misunderstanding regarding the specifics of the penalties. While there is widespread belief among protesters that Section 106 (2) mandates a Rs. 7 lakh fine in addition to up to 10 years of imprisonment, this detail about the fine amount is not actually stipulated in the BNS. 

The section does indeed discuss a maximum punishment of 10 years and a fine for failing to report an accident, but it does not specify that the fine must be Rs. 7 lakh. This misinformation has contributed to the unrest and demands from the transport sector for changes to the legislation.

What was the earlier hit-and-run law?

Hit-and-run cases in India are governed under the Motor Vehicles Act, 1988, and involve situations where a driver causes an accident resulting in injury or death to another person and then fails to stop and provide their information or render aid to the injured. The law mandates specific duties for drivers involved in accidents and prescribes penalties for those who flee the scene, reflecting the seriousness with which such offenses are viewed.

Key Provisions and Penalties

Section 134 of the Motor Vehicles Act outlines the duties of a driver in the event of an accident and injury to a person. These duties include:
  • Stopping the vehicle.
  • Providing personal and vehicle information.
  • Taking the injured person to the nearest hospital if required and if it's practicable to do so.
Failure to comply with these duties can lead to serious legal consequences.

Penalties for hit-and-run offenses have been updated with the Motor Vehicles (Amendment) Act 2019, significantly increasing the fines and penalties to deter such irresponsible behavior:
  • For accidents resulting in minor injuries, the penalty could involve fines and/or imprisonment.
  • In cases of serious injury or death, the penalties are more severe, including higher fines and longer terms of imprisonment.
  • The government also provides compensation to the victims of hit-and-run cases from a solatium fund. As of the latest amendments, the compensation for the death in a hit-and-run case has been increased to ₹2 lakh and for grievous hurt, it is ₹50,000.

Challenges in Enforcement

One of the main challenges in enforcing hit-and-run laws in India is the identification of the offending vehicle and its driver, especially in densely populated areas or due to lack of witnesses or surveillance. However, with the increasing installation of CCTV cameras and stricter enforcement of traffic laws, there is a push towards improving the accountability of drivers.

Importance of Legal Awareness

Awareness about the legal obligations and consequences of hit-and-run offenses is crucial for all drivers. It not only helps in reducing the occurrence of such incidents but also ensures that victims receive timely assistance and compensation. Legal awareness can also encourage witnesses to come forward and report these incidents, playing a crucial role in the enforcement of the law.

In conclusion, hit-and-run laws in India are designed to penalize those who flee the scene of an accident and to provide support to the victims. While the legal framework is in place to deal with such offenses, the effectiveness of its implementation depends on enforcement mechanisms, public cooperation, and the judicial process.

Protests

Truck drivers and bus operators in some regions protested against the Bharatiya Nyay Sanhita's (BNS) hit-and-run case rules. This law, which replaced the old Indian Penal Code from the colonial period, sets severe penalties for drivers responsible for serious road accidents due to negligence who then flee the scene without notifying the police or an administrative official. The punishment under BNS can be as harsh as 10 years in prison and a fine of Rs 7 lakh. Many transport and farmer groups have strongly opposed this new legislation, calling for its immediate withdrawal.

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Barristery.in: What is New Hit and Run Law in India? - Explained
What is New Hit and Run Law in India? - Explained
The new hit and run provision is included in the Bharatiya Nyaya Sanhita (BNS), which aims to replace the colonial-era Indian Penal Code of 1860.
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