Drivers Protest Hit-and-Run Law: Understanding the New Provisions
03-Jan-2024 | Article by Legal White Official
Drivers across India recently went on strike protesting a provision in the new Bhartiya Nyay Sanhita (BNS) that harsher punishment for hit-and-run accidents causing death. However, the government quickly clarified that consultations will be held before implementing the stricter law.
Understanding the New Law:-
- Section 106(2) of the BNS prescribes up to 10 years imprisonment and fine for drivers fleeing an accident site after causing death through negligent driving.
- Drivers who inform authorities face a lesser penalty of up to 5 years and fine under Section 106(1).
- The intent is to deter hit-and-run incidents and encourage responsible reporting.
Drivers' Concerns:-
- Fears of mob violence at accident scenes push drivers to flee, they claim.
- They demand stricter police protection against such violence.
Government's Response:-
- The Ministry of Home Affairs clarified that Section 106(2) will be invoked only after consulting with the All India Motor Transport Congress (AIMTC).
- They appealed to truckers to resume work, assuring dialogue and collaboration.
Additional Points:-
- BNS Section 103(2) addresses mob violence with severe penalties but applies strictly to specific grounds like caste and religion.
- Deliberate homicide or negligent driving without death fall under separate BNS sections with varied punishments.