Concerns over Hit-and-Run Law

• 12 Jan 2024

Why in News?

The recent protests by transporters and commercial drivers in states like Maharashtra, Chhattisgarh, West Bengal, and Punjab shed light on the contentious Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Key Points

• This section, which stipulates severe penalties for hit-and-run incidents, has become a focal point of discontent among the driving community.
• The countrywide truckers' strike has been called off after the government assured that it would consult stakeholders before implementing a contentious law against hit-and-run.
• Transporters and commercial drivers are demanding the withdrawal or amendment of Section 106 (2) of the BNS, 2023.
  • They argue that the prescribed penalties, including a 10-year imprisonment and Rs. 7 lakh fine, are excessively severe.

Provisions of Hit-and-run Law

• The hit-and-run provision is part of the Bharatiya Nyaya Sanhita (BNS), which is set to replace the colonial-era Indian Penal Code, 1860.
  • Section 106 (2) of the BNS, 2023 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.
  • However, if the driver reports the incident immediately after the accident, they will be charged under Section 106(1) instead of Section 106(2). Section 106(1) provides for a punishment of up to five years for causing death by any rash or negligent act not amounting to culpable homicide.