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.

 New Hit and Run Law in India

Road accidents are one of the biggest causes of death in India. Every year, thousands of people lose their lives on the roads due to reckless or negligent driving. Among these accidents, the most tragic ones are hit-and-run cases — where a driver causes an accident but runs away instead of helping the victim or informing the police.

In the past, hit-and-run cases were very difficult to handle. The punishment was not strict, victims and families got little or no compensation, and bystanders often avoided helping due to fear of legal trouble.

But now, India has introduced a new Hit-and-Run law under the Bharatiya Nyaya Sanhita (BNS), 2023, which replaces the old Indian Penal Code (IPC). The aim of this law is simple:

• To make drivers responsible after an accident,

• To ensure victims get help quickly, and

• To punish those who escape without reporting.

This blog explains the new law, provisions, punishments, compensation scheme, examples, criticisms, and what you should do if you are ever involved in such a situation.

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 a Hit-and-Run Case?

A hit-and-run case happens when:

1. A driver causes an accident (injury or death),

2. The driver does not stop,

3. The driver does not report the accident to police or magistrate, and

4. Runs away to avoid responsibility.

👉 In simple words: Cause accident + Run away = Hit-and-Run case.

The Old Law vs The New Law

Before (under Indian Penal Code & Motor Vehicles Act):

• Section 279 IPC – Rash or negligent driving: up to 6 months jail or ₹1,000 fine.

• Section 304A IPC – Causing death by negligence: up to 2 years jail.

• Section 134 of Motor Vehicles Act – Duty to stop and provide medical aid, but punishment was very small.

👉 The result: Drivers were not scared of running away, and victims often died due to lack of help.

Now (under Bharatiya Nyaya Sanhita – BNS, 2023):

A new provision has been introduced specifically for road accidents.

• Section 106(1), BNS – Accident where the driver stops and reports.

• Section 106(2), BNS – Accident where the driver flees and does not report.

👉 For the first time, the law clearly separates between a driver who reports and a driver who runs away.

What is New Hit and Run Law in India?

Section 106(1), BNS – Accident but Driver Reports

• If a driver causes an accident and informs the police or magistrate immediately,

• Punishment:

  • Up to 5 years in jail (if death is caused by negligence).

  • Plus, a fine.

👉 The law encourages drivers to report accidents honestly.

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Section 106(2), BNS – Accident and Driver Flees

• If a driver does not stop and does not report the accident,

• Punishment:

  • Up to 10 years in jail, and

  • A fine up to ₹7 lakh (amount may vary).

👉 Running away makes the crime double serious.

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4. Why is Punishment Harsher Now?

• To stop drivers from fleeing after causing accidents.

• To save victims – if drivers report, help reaches faster.

• To make drivers responsible and careful on roads.

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5. Compensation for Victims

Even if the driver is not caught, victims or families can get money under the Hit-and-Run Compensation Scheme.

• Death case: ₹2,00,000 (two lakh rupees).

• Serious injury: ₹50,000.

This money is given from government funds when the vehicle/driver cannot be identified.

👉 Victims must apply through the District Legal Services Authority (DLSA) or the Motor Accident Claims Tribunal (MACT).

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6. Protection for Helpers (Good Samaritan Law)

If a bystander helps an accident victim, they are protected by law.

• Police cannot harass or force them to appear in court.

• Hospitals must give treatment without asking for ID or advance money.

👉 This law encourages people to help accident victims without fear.

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7. Example to Understand

Case 1 – Driver Reports Accident

A car driver hits a biker at night. The biker is injured. The driver stops, calls the police, and takes the victim to hospital.

• Police file a case, but since the driver reported, punishment may be up to 5 years under Section 106(1).

Case 2 – Driver Runs Away

A truck hits a pedestrian and flees. CCTV cameras identify the truck later.

• The driver is caught and charged under Section 106(2).

• He faces up to 10 years in jail + fine.

Why Drivers Sometimes Run Away

Not all drivers run because they want to escape responsibility. Some reasons include:

• Fear of mob violence – In India, angry crowds may attack the driver.

• Panic or shock – Some drivers get scared and leave.

• No mobile network – Cannot inform immediately.

• Lack of awareness – Drivers don’t know their legal duty.

👉 The law is strict, but courts will consider these situations during trial.

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8. Criticism of the New Law

• Truck drivers’ protest: Many drivers fear they will be punished even if the accident was not fully their fault.

• Risk of mob violence: Sometimes drivers run away out of fear of angry crowds.

• Implementation issues: Compensation schemes are slow, and many families don’t get money quickly.

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9. What Should You Do if an Accident Happens?

If you are a driver:

1. Stop immediately.

2. Call police (100/112) or nearest station.

3. Help the victim (take to hospital if possible).

4. Cooperate with police.

If you are a witness/helper:

1. Call ambulance/police.

2. Give first aid if possible.

3. Remember – you are protected under the Good Samaritan Law.

If you are a victim/family:

1. File police report.

2. Apply for hit-and-run compensation.

3. Approach the Motor Accident Claims Tribunal (MACT) if the driver is caught.

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10. Key Takeaways

• Section 106(1), BNS – accident + driver reports → up to 5 years jail.

• Section 106(2), BNS – accident + driver flees → up to 10 years jail + fine.

• Victims get ₹2 lakh (death) or ₹50,000 (injury) under compensation scheme.

• Helpers are safe under the Good Samaritan Law.

• Law is stricter now to reduce deaths and make roads safer.

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.

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.

Final Thoughts

The new hit-and-run law in India is one of the biggest changes in road safety laws in recent years. By separating between drivers who report accidents and those who run away, the law sends a strong message:

• Don’t run – report and help.

• Running can cost you 10 years in jail, while helping can save a life and reduce your punishment.

But along with strict laws, India also needs:

• Faster police investigations,

• Quicker compensation for victims,

• Awareness campaigns for drivers, and

• Protection from mob violence for drivers who stop.

Only then will the law be truly effective.