India’s New Hit And Run Law (BNS 2023): Everything You Need To Know

Commercial vehicle operators are demanding the withdrawal or reevaluation of the harsh penalties that have been proposed in the controversial Bharatiya Nyaya Sanhita, 2023, law.

Commercial-grade vehicle operators in states like Maharashtra, Chhattisgarh, West Bengal, and Punjab are currently protesting against the recent legislation addressing hit-and-run incidents – Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Under this new law, drivers who flee an accident scene and neglect to report the incident to a police officer or magistrate can face imprisonment for 10 years, coupled with a fine. Notably, this regulation supplements the existing provision for causing death due to rash or negligent acts, outlined in Section 304A of the Indian Penal Code, 1860.

In response to this amendment, commercial vehicle drivers and transporters are staging protests, demanding the withdrawal of Section 106(2) of the BNS. Their discontent stems from the flaws in the legislation that they believe need to be addressed. If their concerns are not met, drivers state that these protests are likely to persist.

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The Protests: Result of Discontent

Protests by commercial vehicle drivers, marked by roadblocks and instances of stone pelting, disrupted daily life in various parts of India. The repercussions of these protests were felt significantly, causing panic among states fearing a shortage of fuel. Chhattisgarh, in particular, experienced heightened anxiety among commuters as bus drivers participated in the strike, causing concerns about transportation services.

What Are The Protesters Demanding?

Protesters are concerned about the severe punishment of 10 years imprisonment and a Rs 7 lakh fine for drivers who flee from the accident spot without reporting the same to a police officer or magistrate.

According to the protesters, accidents may be caused due to harsh environmental conditions beyond the driver’s control, like fog for instance. Additionally, drivers claim that they fear mob violence if they stop and try to help the injured at the accident spot. Due to these reasons, drivers demand to reconsider the law before being established. 

Are The Recent Protests Justified?

Section 106(2) of the BNS which stipulates 10 years of jail time and a Rs 7 lakh fine for fleeing the spot, is not clearly addressed. According to the Hindu, there is no actual mention in the BNS of the Rs 7 lakh fine even though the Section discusses a maximum punishment of 10 years imprisonment and a fine. 

Additionally, Sub-section 1 of Section 106 of the BNS pertains to rash or negligent driving. If the driver reports the matter to the police, they could face a punishment of up to five years along with a fine. However, in the latter case of 106 (2), if the driver fails to report the incident and escapes, they may be imprisoned for up to 10 years. Despite the increase in the severity of punishment in this section, the offence has not been classified as non-bailable.

Furthermore, an exception has been made under 106 (1) of the BNS for doctors in the event of rash or negligent acts, where the punishment will be up to two years with a fine. This categorisation is a problem since it goes against the principle of equality. Therefore, there is scope for reconsideration, and ambiguity in the legislation particularly among drivers, needs to be addressed. 

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