Hit & Run New Law

Hit & Run means leaving an accident site without assistance. The recently enacted law imposes a maximum penalty of 10 years in prison and large fines for such serious offenses. Drivers who notify the police about accidents are subject to lighter penalties. This groundbreaking law guarantees severe accountability, discourages rash driving, and places victims' care and justice at the top of the list.

The background of the new Hit & Run law in India originates from the urgent need to solve the rising incidents of road accidents where drivers run away from the scene, neglecting the injured and complicating justice delivery.

• Previously, penalties were insufficient to make offenders accountable, leading to more such cases and prolonged victim suffering.
• The Bharatiya Nyaya Sanhita (BNS) 2023 introduced stricter provisions under Section 106 to enforce accountability, improve victim protection, and ensure timely medical aid.
• The reform aligns with global road safety standards and public demands for tougher action against negligent drivers who evade responsibility after accidents, enhancing overall road discipline and justice.

Punishment under the new Hit & Run law as per Section 106 of the Bharatiya Nyaya Sanhita (BNS) 2023 is as follows:

• For causing death by negligent driving without fleeing the scene: up to 5 years imprisonment and a fine.
• For causing death by negligent driving and escaping without reporting the incident: up to 10 years imprisonment and a fine.
• Medical practitioners causing death by negligence during medical procedures face up to 2 years imprisonment and a fine.
• The law mandates strict accountability, imposing harsher punishment for fleeing after an accident to deter irresponsible behavior and ensure justice for victims.​

This framework ensures strict deterrence and promotes victim protection by penalizing the act and the subsequent escape or failure to report.

Challenges under the new Hit & Run law in India include:

• Severe penalties (up to 10 years jail and Rs. 7 lakh fine) sparked fear among commercial drivers, risking underground evasion.​
• Lack of driver and police awareness about the scope of the law.
• Risk of mob violence discourages drivers from stopping and reporting accidents.​
• Logistic and economic disruption due to protests and strikes by transporters against strict punishments.​​
• Judicial system overload with increase in cases require expeditious trials.​
• Challenges in ensuring timely police response and victim compensation.
• Calls for amendment or withdrawal by driver unions citing harshness and fairness concerns.

The above challenges highlight the complexities in balancing deterrence with practical and social realities in law enforcement for hit-and-run cases.

• Highest count of road crash fatalities: The new law comes in the backdrop of concerning figures related to road accidents in India. India registered the highest count of road crash fatalities, exceeding 1.68 lakh deaths in 2022. An average of 462 deaths on a daily basis. Despite a 5% global decrease in road crash deaths, India witnessed an annual increase of 12% in road accidents.​
• India's Contribution to International Traffic Accidents: Despite having only 1% of the world's automobiles, India is responsible for 10% of crash-related fatalities and suffers yearly economic losses from traffic accidents of between 5% and 7% of its GDP.
• Re-establishment of Accountability:Stricter law was the need of the hour. New hit and run law stipulates a penalty of up to 10 years in jail and a fine for fleeing an accident spot and failing to report the incident to a police officer or a magistrate.​

• The National Crime Records Bureau (NCRB) recorded 47,806 hit and run incidents which resulted in the deaths of 50,815 people in 2022.​
• The law creates a positive obligation on part of the offender to report such an incident to the police or magistrate.
• The legislative intent is to enforce moral responsibility on the part of the offender towards the victim of a road accident.​
• There are also provisions to criminalise the omission in the performance of such a duty.​

• Introduce clear guidelines to differentiate between genuine emergencies and intentional fleeing to prevent misuse of the law.​​
• Ensure robust protection for drivers against mob violence and false accusations through fast-track legal mechanisms.​
• Establish a transparent, accessible reporting system for accident victims and drivers to encourage timely reporting.​​
• Provide legal aid and awareness campaigns for drivers, especially commercial operators, to understand their rights and responsibilities.​​
• Regularly review and update the law based on stakeholder feedback and implementation challenges to ensure fairness and effectiveness.​

The new hit-and-run law under Section 106 of the Bharatiya Nyaya Sanhita(BNS), 2023, aims to enhance accountability, ensure timely medical aid, and deter reckless driving by imposing stricter penalties for fleeing accident scenes. It marks a significant shift towards victim-centric justice and road safety, though its implementation has sparked debate and calls for stakeholder consultation.

What is the new Hit & Run law in India?

The Law was enacted under Section 106 of Bharatiya Nyaya Sanhita (BNS) 2023. It replaced IPC 304A, which penalized rash driving causing death, with harsher punishment for fleeing without reporting.

What is punishment under Section 106(1) BNS ?

Up to 5 years imprisonment and fine if the driver causes death by negligence and reports to police or magistrate promptly.​

What if the driver flees the accident scene?

Section 106(2) imposes up to 10 years imprisonment and fine for not stopping, assisting, or reporting, treating it as an aggravated offence.​

What should drivers do in a Hit & Run incident?

Stop immediately, assist the victim medically, report to nearest police/magistrate within specified time to be considered for leniency under BNS.