Table of Contents
Introduction
There was a major protest of truck drivers in resistance to the new Hit and Run provision under Bhartiya Nyaya Sanhita, 2023. It is termed as black law by the truckers. All India Motor Transport Congress’s (AIMTC) Chairman said that they will not let the law come into force.
The protest was called off after a meeting with the Union Home Secretary after a condition that the law would come into force after consultation with AIMTC.
What is the Hit and Run Law?
Under the Bharatiya Nyay Sanhita, imposes stricter penalties for drivers who flee accident spots. According to the law, a driver who flees the scene after a hit-and-run accident will face up to 10 years in jail and a fine of ₹7 lakh.
This law also applies to private vehicle owners. The new law aims to minimize the number of hit-and-run cases, which cause around 50,000 deaths in India each year.
The penalties for hit-and-run cases under the new law are significantly more severe compared to the previous penalties under the Indian Penal Code. The penalties for hit-and-run cases under the new law are as follows:
- Up to 10 years of imprisonment
- A fine of ₹7 lakh
Also, Read ROAD ACCIDENT COMPENSATION CLAIM
Offence under Section 106 (2)
Whoever causes the death of any person by rash and negligent driving of a vehicle not amounting to culpable homicide and escapes without reporting it to a police officer or a Magistrate soon after the incident, commits an offence under Section 106 (2) of the BNS.
Punishment under Section 106 (1)
The offender shall be punished with imprisonment of either description of a term which may extend to ten years and shall also be liable to fine.
Remedy – As mentioned in the Section, if the person informs the police or a Magistrate, the court will get ground to presume that the act was unintentional under Section 106 (1) as intention works as a significant tool for presumption
Data Related to Road Accidents
Road Accidents in India Report – 2022 Data on Hit and Run
- As per the data of Road Accidents in India Report – 2022 ‘Hit from Back’ accounted for the largest share in total accident deaths (19.5%), followed by ‘Hit and Run’ and ‘Head on Collision’ which account for 18.1% and 15.7% respectively. ‘
- The report also mentioned the position of Hit and Run under the Motor Vehicle Amendment Act, 2019.
How was the Protest Against Hit and Run Law Called off?
- The Government of India through a Press release issued on 2nd January 2024 specified that it has taken cognizance of the concerns of truckers regarding the provision of 10 years imprisonment and fine, under Section 106 (2) of BNS and held a detailed discussion with the representatives of AIMTC.
- The government pointed out that these new laws and provisions have not yet come into force and the decision to invoke Section 106 (2) of BNS will be taken only after consultation with AIMTC.
- The government appealed to AIMTC and all the drivers to return to their respective jobs.