Debating India’s new hit-and-run law

Source-This post is based on the article “Debating India’s new hit-and-run law” published in “The Hindu” on 8th January 2024.

Why in the News?

Transporters and commercial drivers from various States are protesting against the Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), which imposes stringent penalties for hit-and-run incidents.

What is Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) ?

1) This section outlines a maximum punishment of 10 years and a fine in hit-and-run cases. There is no provision which specifies the exact amount of fine to be imposed. Hence, the rumours of the fine being Rs. 7 lakh are untrue.

2) It is a non – bailable section.

3) If the driver escapes to protect himself from the bystanders but reports the incident to the police or magistrate shortly thereafter, then the offence will be registered under section 106(1). However, if the driver escapes without reporting the incident to the police or magistrate shortly thereafter, then an offence will be registered, under Section 106(2) of BNS.
Note- The maximum punishment is 10 years under Section 106(2) while the maximum punishment under section 106(1) is 5 years.

4) Section 161 of the 2019 Motor Vehicles (Amendment) Act offers compensation for hit-and-run victims, unlike Section 106(2) of BNS, under which the drivers are not obligated to pay this compensation.

What are the protestors concerns and demands?

1) Stringent punishment- They are worried about severe punishment of 10 years imprisonment and ₹7 lakh fine for fleeing accidents scenes.

2) Difficult working conditions- They argue that the new law fails to consider factors like long driving hours and difficult roads and external factors like poor visibility.

3) Fear of Unfair Blame– Drivers commonly feel that they are unjustly held responsible for accidents, regardless of the actual circumstances.

4) Law enforcement abuse– Drivers are worried that law enforcement agencies may misuse the law, might discourage people from entering or staying in the transport profession.

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