Amidst widespread truckers' protests, the spotlight turns to India's new hit-and-run law, facing vehement opposition for its stringent measures, replacing the comparatively lenient provisions of the past.
Truck drivers across various states initiated widespread protests in response to the recently implemented Bharatiya Nyaya Sanhita (BNS), a comprehensive criminal code that introduced significantly heightened penalties for hit-and-run cases. The contentious legal provision became a focal point of disagreement, leading to a nationwide demonstration by truckers.
Truck drivers across various states initiated widespread protests in response to the recently implemented Bharatiya Nyaya Sanhita (BNS), a comprehensive criminal code that introduced significantly heightened penalties for hit-and-run cases. The contentious legal provision became a focal point of disagreement, leading to a nationwide demonstration by truckers.
The recently enacted Bharatiya Nyay Sanhita introduces stringent penalties for hit-and-run incidents in India. The law specifies that an individual causing a fatal crash and fleeing the scene without reporting to authorities could face imprisonment for up to 10 years along with a substantial fine. This marks a significant departure from the previous Indian Penal Code (IPC), where the punishment for such offenses was limited to a two-year imprisonment.
Two Categories Under "Causing Death by Negligence"
Rash or Negligent Act Not Amounting to Culpable Homicide: Offenders falling under this category may face imprisonment for up to five years and a fine.
Rash and Negligent Driving Not Amounting to Culpable Homicide: Individuals escaping without promptly reporting the incident may be subjected to up to 10 years of imprisonment and a fine.
Despite the law's intentions, experts highlight the need for greater clarity on how an accused or driver should inform authorities, considering the potential risk of facing public anger at accident scenes. Additionally, safeguards are required to prevent potential misuse of this provision.
Prior to the Bharatiya Nyay Sanhita, individuals accused in hit-and-run cases were tried under Section 304A of the Indian Penal Code, facing penalties of up to two years in jail upon identification. The introduction of the new law indicates a significant move towards stricter penalties for hit-and-run offenses in India.
The Ministry of Road Transport and Highways reported a disturbing 12% increase in road accidents in India in 2022, resulting in the tragic death of 19 individuals every hour. The report indicated a total of 4,61,312 road accidents, claiming 1,68,491 lives and causing injuries to 4,43,366 persons.