What is the Hit and Run Law in India?

The hit-and-run law in India has recently undergone a significant transformation with the introduction of the Bhartiya Nyaya Sanhita (BNS), 2023, a legislative overhaul designed to replace the colonial-era Indian Penal Code (IPC). This law aims to address the rising number of road accidents and fatalities in India, particularly cases where drivers flee the scene of an accident. However, it has sparked nationwide protests, especially among transporters and commercial drivers, due to its stringent penalties.

Understanding Hit and Run Cases

A hit-and-run case refers to an incident where a motor vehicle collides with a person, another vehicle, or property, and the driver involved does not stop to assist the injured or report the incident to authorities. These cases are considered serious due to the moral and legal obligations of drivers to provide aid and take responsibility for their actions.

Hit-and-run accidents often lead to severe consequences, including fatalities, as victims are left unattended without immediate medical assistance. Fear of police investigation, mob violence, or legal repercussions often compels drivers to flee the scene. This behaviour not only hampers justice but also exacerbates the suffering of victims.

Hit and Run Law in India: What it is?

The Hit and Run Law in India addresses cases where a driver involved in an accident flees the scene without assisting the victim or reporting the incident. Under the Bhartiya Nyaya Sanhita (BNS), 2023, drivers who escape without reporting can face up to 10 years imprisonment and fines (Section 106(2)), while those who report the accident may face up to 5 years imprisonment (Section 106(1)). 

This law replaces older provisions under the Motor Vehicles Act, 1988, and the Indian Penal Code (IPC), which imposed lighter penalties. Aimed at increasing accountability and deterring reckless behaviour, the law has sparked protests from transporters citing harsh penalties, risk of mob violence, and challenging work conditions.

The New Hit and Run Law Under BNS, 2023

The Bhartiya Nyaya Sanhita, 2023, introduced in December 2023, replaces the IPC and introduces stricter penalties for hit-and-run cases. The law comprises Section 106(1) and Section 106(2), which define different levels of accountability based on whether or not a driver reports the accident.

Hit and Run Provisions Under the New Law

1. Section 106(1): Applicable to drivers who report the accident to the nearest police station or magistrate. Punishment includes imprisonment of up to 5 years and a fine.
2. Section 106(2): Applicable to drivers who flee the scene without reporting the incident. Punishment includes imprisonment of up to 10 years and a fine.

The law incentivises drivers to take responsibility and report accidents, enforcing stricter consequences for those who evade accountability.

Background of the Hit and Run Law in India

Before BNS, 2023

Prior to the introduction of the Bhartiya Nyaya Sanhita, hit-and-run cases were governed under two key legislations:

1. Motor Vehicles Act, 1988: Mandated that drivers involved in accidents must stop, assist the injured, and report the incident. Failure to comply could result in legal penalties, but enforcement was often inconsistent.
2. Indian Penal Code, 1860: Section 279: Punished rash or negligent driving endangering human life with imprisonment of up to six months or a fine. Section 304A: Punished causing death by negligence with imprisonment of up to 2 years, a fine, or both.

Despite these provisions, the penalties were considered lenient and insufficient to deter hit-and-run incidents. With road accident fatalities increasing year-on-year, a more robust framework was deemed necessary.

Rising Road Accident Statistics

India’s road accident statistics underscore the urgency for stricter laws:

• In 2022, 47,806 hit-and-run cases were reported, resulting in 50,815 deaths.
• India witnesses an average of 19 deaths per hour due to road accidents, equating to one death every 3.5 minutes.
• National and state highways, which constitute only 5% of the road network, account for more than 50% of accident-related deaths.

These alarming figures highlight the need for accountability and stricter regulations to curb the loss of life on Indian roads.

Rationale for the Hit and Run Law in India

Increasing Driver Accountability

The previous framework under the IPC imposed a maximum penalty of 2 years imprisonment for causing death due to rash driving. The leniency of these penalties was seen as a contributing factor to the rise in hit-and-run incidents. The new law increases the severity of punishments, ensuring greater accountability for drivers.

Empowering Victims

Victims of road crashes often face delayed compensation and justice due to the absence of stringent legal provisions. The BNS, 2023, seeks to address this by creating a framework that enforces moral responsibility on drivers to assist victims and report incidents.

Global Comparisons

India, despite having only 1% of the world’s vehicles, accounts for 10% of global road accident deaths. The country loses an estimated 5-7% of its GDP annually due to road accidents. Stricter laws are essential to align India’s road safety standards with global norms.

Concerns and Protests Against the Law

The introduction of Section 106(2) of the BNS, 2023, has triggered widespread protests among transporters and commercial drivers. States like Maharashtra, Chhattisgarh, West Bengal, and Punjab witnessed strikes, roadblocks, and incidents of violence as drivers demanded the withdrawal or amendment of the law.

1. Excessive Penalties: Drivers argue that the 10-year imprisonment for fleeing an accident site is excessive, particularly in cases of unintentional accidents.
2. Fear of Unfair Blame: Commercial drivers feel they are often unfairly blamed for accidents due to the nature of their profession and challenging work conditions.
3. Risk of Mob Violence: Drivers fear being attacked by mobs at accident sites, which discourages them from stopping to assist victims.
4. Conflict with Article 20(3): Protesters claim that the law violates the constitutional protection against self-incrimination, as it obligates drivers to report incidents.
5. Potential for Misuse: Concerns about misuse by law enforcement and injured parties to extort compensation have been raised.
6. Inequality in Penalties: Doctors involved in accidents face reduced penalties (up to 2 years imprisonment), leading to accusations of discriminatory treatment.
7. Lack of Consideration for Challenging Conditions: Long driving hours, poor road infrastructure, and environmental factors like fog or poor visibility are not adequately accounted for in the law.

Conclusion

The new hit-and-run law under the Bhartiya Nyaya Sanhita, 2023, represents a progressive step towards improving road safety and driver accountability in India. By imposing stricter penalties, the law aims to deter reckless behaviour, save lives, and empower victims. However, its implementation must be accompanied by measures to address the concerns of drivers, ensure fairness, and foster a culture of compliance.

The government’s decision to delay enforcement and consult stakeholders is a welcome move. Collaborative policymaking, coupled with targeted reforms, can help strike a balance between stricter enforcement and the practical realities faced by India’s drivers. With the right approach, the hit-and-run law has the potential to significantly reduce road accidents and create safer roads for all.