Hit and Run New Law
Transporters and commercial drivers from states such as Punjab, West Bengal, Maharashtra, and Chhattisgarh have protested against the new laws pertaining to hit-and-run cases. According to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), leaving the scene of an accident without reporting it to a police officer or magistrate carries a fine of up to 10 years in jail.
Following two days of protest, truckers called off their walkout after Union Home Secretary Ajay Bhalla announced that the new hit-and-run punitive provision would only be implemented following consultation with the All India Motor Transport Congress (AIMTC). AIMTC and the drivers who were protesting were persuaded to return to work by Bhalla, who emphasized that the new legislation are not yet in force.
In various areas, provisions in the Bharatiya Nyay Sanhita for hit-and-run cases had sparked protests from truck and bus drivers. The Indian Penal Code of the colonial era was superseded with the Bharatiya Nyay Sanhita (BNS), which imposes fines of up to Rs 7 lakh and up to 10 years of imprisonment on drivers who cause a serious road accident through irresponsible driving and flee without reporting the incident to the police or any other government official. Numerous organizations representing farmers and transporters sharply criticized the new regulation and called for its immediate repeal.
This statute supplements the colonial-era Indian Penal Code, 1860 Section 304A clause on causing death by reckless or careless behavior. Protesters are threatening a statewide walkout in response to their demands, which include the removal or modification of Section 106 (2). They contend that even while hit-and-run cases require strong punishment, the new rule has a number of problems that should be taken into consideration.
What took place?
Many States are experiencing widespread truck driver demonstrations as a result of the new law. Truck drivers set up roadblocks during the protests in Maharashtra, when stone-throwing incidents resulted in injuries to police officers and damage to vehicles. There are now worries about fuel shortages as well.
A similar upheaval occurred in Chhattisgarh when 12,000 private bus drivers went on strike, trapping commuters in major towns and inciting fear at gas stations. In West Bengal, Punjab, and Madhya Pradesh, where daily life has completely stopped, similar events have been reported.
What’s Hit and Run New Law Law?
The Bharatiya Nyay Sanhita, which was recently implemented, imposes severe penalties on hit-and-run instances in India. According to the legislation, someone who is suspected of causing a fatal crash and leaving the scene without notifying the authorities faces up to ten years in prison and a fine. Two separate categories have been developed by Bharatiya Nyay Sanhita under the general heading of “causing death by negligence.”
Any reckless or careless act that does not qualify as culpable homicide falls under the first category. Offenders in this group could be fined and imprisoned for up to five years. The second category, which does not include culpable homicide, addresses death caused by careless and reckless driving. The person faces up to ten years in jail and a fine if they flee without telling a police officer or magistrate about the occurrence right away.
Experts point out that, despite the good objectives of the law, there should be more clarity regarding the reporting requirements for accused persons and drivers, particularly in view of the possibility of public outrage at accident sites. Furthermore, precautions must be taken to avoid possible abuse of this clause.
In order to prevent potential misuse, road safety experts argue that it is necessary to specify the kind of evidence that will be allowed to verify claims made by victims or accused parties.
Previous Hit and Run New Law law:
In the past, defendants in hit-and-run cases were tried under Section 304A of the Indian Penal Code, which carried a maximum two-year prison sentence upon identification. The implementation of the new Bharatiya Nyay Sanhita marks a significant change in India’s hit-and-run laws, with harsher penalties now applied.
What are the demonstrators requesting?
Transporters have expressed concern over the fact that the offense carries severe penalties even in cases of inadvertent accidents. Their main issue is the harsh penalties for drivers who fled the scene of an accident without reporting it, which are ₹7 lakh in fines and 10 years in prison. They argue that this punishment is unjustified and that it ignores the tough working conditions they face, which include lengthy driving hours and treacherous roads.
Furthermore, they contend that outside variables, such fog-related reduced visibility, may be the cause of accidents. Protests against the rule have been fueled by the same, as well as fears of mob violence directed towards drivers should they stop to assist the injured at accident scenes.
Regardless of the true facts, drivers generally believe that they are unfairly held responsible for accidents. They contend that the penalties imposed by the law are excessive and out of proportion to the kinds of accidents and the realities of road transportation. In addition, the drivers fear that law enforcement would misuse the legislation against them. They believe that because many people may be discouraged from entering or staying in the transportation industry, these severe fines could have a detrimental effect on the sector as a whole.
Why is the law necessary?
The new regulation is being implemented against the backdrop of alarming traffic accident statistics in India. With more than 1.68 lakh road crash fatalities in 2022, India held the record for most deaths. This disturbing figure equates to 462 deaths every day on average. India saw a 12% increase in traffic accidents and a 9.4% decline in fatalities in the same year, despite a 5% decrease in traffic collision deaths worldwide.
The nation experiences 19 traffic-related fatalities every hour on average, or approximately one death every 3.5 minutes. Less than 5% of the entire road network consists of national and state highways, where more than half of all traffic deaths occur. India, which has just 1% of all automobiles worldwide, is responsible for 10% of crash-related deaths and loses between 5 and 7% of its GDP every year as a result of traffic accidents.
What is the guiding idea of the law?
In 2022, 50,815 persons lost their lives as a result of 47,806 hit-and-run occurrences, according to the National Crime Records Bureau. Every criminal legislation includes some rationale for the punishment. The argument for harsher penalties seems to stem from the law’s expressed goal of discouraging reckless and irresponsible driving that could result in fatalities.
On the other hand, if an offender tries to elude justice after causing a fatality through careless or reckless driving, the intention is to punish them. In this case, the law imposes a proactive duty on the perpetrator to notify the police or magistrate of the event. In addition, there are laws that make it illegal to neglect to discharge a responsibility of this kind. Legislative purpose to impose moral responsibility on the side of the criminal towards the victim of a traffic accident is evident in the imposition of this legal duty.
It is not unusual for situations involving auto accidents to involve the conversion of moral culpability into a legal obligation. For example, Section 134 of the Motor Vehicles Act, 1988 mandates that the driver of the vehicle do all within his power to get the injured individual medical assistance, unless mob rage or other uncontrollable circumstances make it impractical. In a similar vein, the Delhi High Court’s scheme for automobile accidents claim in the Rajesh Tyagi versus Jaibir Singh (2021) case addressed the question of whether the perpetrator departed from the scene as a crucial consideration.
Are these protests warranted?
The widely held belief that leaving the scene of an accident without reporting it to a police officer or magistrate might result in up to 10 years in prison and a fine of ₹7 lakh, as stated in Section 106 (2) of the BNS, is blatantly false. Although this Section talks about a fine and a maximum sentence of ten years, the BNS makes no reference of the fine being ₹7 lakh.
Compensation for victims of hit-and-run accidents is provided under Section 161 of the Motor Vehicles (Amendment) Act, 2019. ₹2 lakh is the compensation for death, and ₹50,000 is for grave hurt. In contrast to Section 106(2) of BNS, the drivers are not liable for the compensation in this instance.
When a driver reports reckless or careless driving to the police, they could face a five-year prison sentence and a fine under subsection 1 of Section 106 of the BNS. In contrast, in the latter instance of 106 (2), the driver faces a maximum 10-year prison sentence if they fail to report the incident and flee. The offense is still punishable by law even though the severity of the punishment has increased in this section.
Going forward, it is necessary to review and harmonize these two provisions to ensure that, in addition to individual drivers, the nation’s over 35 lakh truck drivers are not subjected to unjust treatment. For example, under BNS 106 (1), doctors are exempt from penalties for reckless or careless acts; otherwise, they face a two-year sentence and a fine. This narrow classification is problematic and goes against the equality principles since it fails to lessen the culpability of a diverse range of workers in other areas.
Truck drivers specifically dispute and object to Section 106(2), and this provision may need to be reviewed. The distinction between careless and reckless driving is not made in this section. Rash driving and negligent driving must be distinguished from one another and given varying degrees of accountability in order to offer a graded liability and appropriate punishment.
This will prevent all incidences of this kind from being grouped together and unfairly affecting the parties involved. It could be argued that in determining the actor’s liability, contributing variables to the negligent act, such as commuter behavior, road conditions, road lighting, and other comparable circumstances, must be taken into account. The use of a single clause that applies to all groups in this case will discriminate against drivers in various situations.
To allay the fears of the drivers, the cases should be categorized according to liability rather than being sentenced to 10 years in prison in every case. Furthermore, this paragraph is rife with ambiguity, especially for drivers. Therefore, it is important to note that the corresponding classified clauses of obligations will apply in situations of accidents resulting in grievous/straightforward injuries, and that Section 106(2) will only be applicable in the event of an accident-related death. It is not appropriate to compare minor injuries from traffic accidents to criminal activity. Here, criminalization could take the form of community service, license revocation, required driving retests, etc.
•Transporters and commercial drivers from states such as Punjab, West Bengal, Maharashtra, and Chhattisgarh have protested against the new laws pertaining to hit-and-run cases. Protesters are threatening a statewide walkout in response to their demands, which include the removal or modification of Section 106 (2). They contend that even while hit-and-run cases require strong punishment, the new rule has a number of problems that should be taken into consideration.
• The new law has caused truck drivers to protest in large numbers across several States. Truck drivers set up roadblocks during the protests in Maharashtra, when stone-throwing incidents resulted in injuries to police officers and damage to vehicles.
• The new regulation is being implemented against the backdrop of alarming statistics regarding traffic accidents in India. With more than 1.68 lakh road crash fatalities in 2022, India held the record for most deaths. This disturbing figure equates to 462 deaths every day on average.
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