We often come across “Hit-and-run” news in newspaper and if we are unfortunate it may happen right before us. Such hit and run cases comprises a big pie of road accidents in India and this is really a serious concern. Once the accident happens driver immediately leave the spot in order to avoid police action or punishment, or terror of violent mobs.
With no immediate medical assistance , the survival changes of such people who met with the accident has seen a huge plunge. If the drivers take immediate action and take the victim to near by hospital for treatment, then these fatalities could be prevented.
In the past, these cases were handled under the Motor Vehicles Act, 1988 and the Indian Penal Code (IPC). But the permissive penalties and the increasing number of accidents underscored the necessity of a stricter law.
The enactment of Bharatiya Nyaya Sanhita (BNS) 2023, is a bid to create more accountability. However the law has led to a flurry of protests and debates from drivers and transporters who are concerned about harsh sanctions and the misuse of.
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What is a Hit-and-Run Case?
In Simple language a hit-and-run case is when a vehicle collides with another vehicle, or a property, and the driver then leaves the scene and does not stop to help injured victims or report to the nearest police station about the accident happened . These are considered to be serious violations because they do not just cause fatalities or injuries and also infringe on the moral obligation that the vehicle driver has to offer assistance.
These cases are responsible for a large number of deaths each year in India and underscore the need for strict laws to prevent motorists from fleeing accidents.
Status Before the New Law
Motor Vehicles Act, 1988
The previous Motor Vehicles Act required drivers to stop their vehicles, offer assistance for injured people and notify that the police station closest to them of the incident.
Relevant IPC Sections
- Section 279 Penalized reckless driving can result in imprisonment of up to 6 months and a penalty of fine or both.
- Section 304A: Describes the act of negligently causing death which can result in up to two years jail, a fine or both.
Although these laws were in place however, they were not effective enough to discourage drivers from reckless behaviour.
Why Was a New Hit-and-Run Law Needed?
Rising Road Accidents is a serious concern :
As per NCRB 2022 report, India has recorded 47,806 cases of hit and run which resulted to the deaths of 50,815. If you at the stats you will be astonished with the staggering growth of road accidents which is nearly 12% per year and fatalities rise by 9.4 per year.
According to the latest survey report 19 people die every hour in India because of accidents on the roads, and one death occurring every 3.5 minutes. Despite state and national highways that cover only five percent of India’s roads and causing more than 50% of deaths.
India’s Global Share in Road Accidents :
With a mere one percent of the world’s automobiles, India contributes 10 percent of fatalities in road accidents. The economic burden is shocking and is estimated to be 5-7percent of GDP being lost each year from accidents. This number shows how we are lagging behind when compare to other top countries.
Ensuring Accountability :
As per the previous law, the maximum penalty for killing someone by reckless driving was just two years. The new law dramatically increases the penalty to stop reckless driving and to ensure that motorists take responsibility.
New Hit-and-Run Law Under Bharatiya Nyaya Sanhita, 2023
The BNS 2023 was a replacement for that colonial-era IPC and added three sections that include stricter rules in hit-and-run cases.
Key Provisions
- Section 106(2): Up to 10 years of jail as well as a fine for motorists who leave an accident site without reporting it to an appropriate police station.
- Section 106(1): If the driver makes a report of that he was involved in an accident, sentence is reduced to a maximum of 5 years in the case of reckless or reckless driving that causes death.
This method of grading seeks to discipline offenders and encourage responsible behavior among drivers who report.
Principle Behind the Law :
The premise of the law changes can be described as the deterrence of crime and the accountability. Criminals are legally required to report any accidents and failing to report accidents is considered to be a crime. infraction.
This is in line with Section from the Motor Vehicles Act, 1988 that already required motorists to provide medical assistance to injured victims. The new law bolsters the penalty structure, making compliance non-negotiable.
The law is a reflection of the intention of the government to decrease fatalities, enforce moral accountability and to create a safer environment for driving.
Concerns and Opposition to the Law
Despite its intent however, the law has encountered fierce opposition from drivers as well as unions of transport across the states of Maharashtra, West Bengal, Chhattisgarh and Punjab.
Major Concerns Raised
- Excessive Fines : Drivers claim that the possibility of up to 10 years’ imprisonment and a substantial amount of fines under Section 106(2) is excessively harsh.
- Threat of Violence from Mobs : Many are worried that the reporting of accidents could expose them to mob violence prior to police arrive.
In response the government has stated that stakeholder consultations with stakeholders, specifically those with motorists, will be conducted prior to when the law is put into effect.
Conclusion :
The new law on hit-and-run under the BNS 2023, is a significant step to contain the road fatalities in India. With staggering penalties the law aims to ensure accountability for drivers which indirectly helps victims in receiving prompt help and seek justice to accidents.
To ensure the law’s implementation it is essential that the government should look in to the issues and address the concerns of motorists, clear up the ambiguities and provide security methods to stop mob violence. The balance of security and deterrence is the key in making the law work as well as maintaining the trust of motorists.