Hit & Run New Law: Background, Punishment, Challenges, Need

Hit & Run simply means leaving an accident site without providing any assistance. The new hit and run law imposes a maximum punishment of 10 years in prison and a fine for the offence. The primary intention behind harsh punishment is to save lives in the first hour of the accident also known as the Golden Hour. The drivers who notify the police about accidents are subject to lighter penalties: 5 years in prison & fine.

Hit and Run New Law under section 106 (1) & (2) of Bharatiya Nyay Sanhita (BNS), 2023 has replaced the Indian Penal Code (IPC) system of the British period. This new law guarantees accountability, discourages rash driving and prioritizes the care & justice for the victims.

The new Hit & Run law in India intended to resolve the cases of rising road accidents where drivers run away from the accident scene and neglecting the injured person.

• Earlier, the punishments were insufficient to check the accountability of offenders which led to more cases and prolonged victim suffering.
• The Bharatiya Nyaya Sanhita (BNS), 2023 introduced harsher punishment 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 penal action against negligent drivers.

The punishments under the new Hit & Run law as per Section 106 of the Bharatiya Nyaya Sanhita (BNS) 2023 are mentioned below.:

• 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.

There are multiple challenges under the new Hit & Run law in India which include the following:

• The commercial drivers risking underground evasion got feared due to severe penalties up to 10 years of jail and Rs. 7 lakh fine.
• There is a lack of driver and police awareness with regards to the scope of the law.
• The fear of mob violence discourages drivers from stopping and reporting accidents.
• The logistic and economic disruption due to protests and strikes by transporters against the strict punishment.
• An overburdening of cases in the courts requires expeditious trials and judgment.
• In many cases, there are long delays in ensuring timely police response and providing victim compensation.
• The demand for amendment or withdrawal of new hit and run law by driver unions amidst the harshness and fairness issues.

• Highest count of road crash fatalities: India registered the highest count of road crash fatalities which exceeded 1.68 lakh deaths in 2022. It means an average of 462 deaths on a daily basis. India has an annual increase of 12% in road accidents whereas there is a 5% global decrease in road crash deaths.
• India's Contribution to International Traffic Accidents: India is responsible for 10% of crash-related fatalities despite having only 1% of the world's automobiles. It also suffers yearly economic losses from traffic accidents between 5% and 7% of its GDP.
• Re-establishment of Accountability: New hit and run law imposes a penalty of up to 10 years in jail and a heavy 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 duty to report soon after the incident.​

• Implementing guidelines that help distinguish between a real emergency and the act of fleeing intentionally can help avoid abuse of the law.
• Providing security from mob attacks and false charges through speedy legal processes is necessary. Mob attacks fear is the main concern in the drivers' community.
• Developing an efficient reporting mechanism will allow quick reporting of accidents by the victim and drivers.
• Making sure drivers get proper legal help and awareness regarding their rights and obligations.
• The law must be updated regularly through the feedback provided by stakeholders.

What is New Hit & Run law in India?

The law has been enacted under Section 106 of Bharatiya Nyaya Sanhita (BNS) 2023. It replaced IPC 304A, which had a penalty on rash driving that leads to death with an increased punishment for fleeing the place of occurrence.

What is the punishment under Section 106(1) BNS?

Upto 5 years of imprisonment and fine if the driver causes death by his negligence and reports the matter to the police or Magistrate immediately.​

In case the driver flees from the accident scene?

Under Section 106(2) there is a punishment of up to 10 years imprisonment and fine for not stopping, assisting or reporting to the police or the magistrate.​

What should be the actions of the drivers in case of a hit and run?

Drivers must stop immediately, provide medical assistance to the victim and must report to the police or Magistrate immediately within stipulated time.

Why were truck drivers protesting in India recently?

Truck drivers & commercial vehicle drivers protested recently due to the harsh punishment (10 years of jail) under BNS Section 106(2).