INTRODUCTION
With the president’s assent to the new criminal laws in India, namely Bharatiya Nyaya Sanhita (BNS), Bharatiya Saksha Adhinyam (BSA), and Bharatiya Nagrik Suraksha Sanhita (BNSS), much havoc and outrage have been created among the masses considering some of the provisions of these new acts, particularly with respect to Section 106(2) of the BNS. This section aims to enhance the punishment for hit-and-run matters in India.
Due to that, there is great dissatisfaction among the truck drivers and bus drivers, and they have organized a nationwide protest to remove such a provision and address their concerns. The present article aims to address the following questions:
- What are hit-and-run cases?
- How are hit-and-run cases governed in India?
- What is the present law that regulates hit-and-run cases in India?
- What is the change in law, and why was there a need for such a change?
- Why are truck drivers against the new law on hit-and-run? What are their demands?
- What is the current situation with the protests of truck drivers?
- New hit and run law update
It is to be noted that these new criminal acts received the assent of the President on December 25, 2023, and still have not come into operation.
WHAT ARE HIT-AND-RUN CASES?
Hit-and-run cases refer to incidents where a driver of a vehicle is involved in an accident, such as a collision with a pedestrian, another vehicle, or property, and then leaves the scene without stopping to provide assistance or information. This can occur when the driver flees the scene due to fear of legal consequences, being under the influence of alcohol or drugs, or for other reasons.
HOW HIT AND RUN CASES ARE GOVERNED IN INDIA?
Hit-and-run cases resulting in death are governed primarily by two acts, namely:
- The Indian Penal Code, 1860
- The Motor Vehicle Act, 1988
The Indian Penal Code, 1860, majorly covers hit-and-run cases under Section 304 A. The marginal note of this section reads as causing death by negligence. According to this Section, if any person causes the death of any person without any criminal intention or knowledge and out of any rash and negligent act, then such person shall be punished with imprisonment up to 2 years, a fine, or both.
Apart from this, convictions for hit-and-run cases are also held under Section 304, Part II of the IPC, 1860, which means causing death without any intention to cause death but with the knowledge that is likely to cause death. This act is punishable with imprisonment up to 10 years, a fine, or both.
The Motor Vehicle Act, 1988, provides provisions (Sections 161 to 164) for compensation under hit-and-run cases to the victims, paid by the wrongdoer. Additionally, Section 134 of this Act requires a driver of a motor vehicle (unless not possible on account of mob fury) who has caused injury through his vehicle to report the same to the police officer within 24 hours and secure the medical treatment of such person.
WHY NEED FOR ENHANCEMENT OF PUNISHMENT?
With the provisions mentioned above, it was argued that the punishment provided for the hit-and-run cases was not sufficient and strict enough to create a deterrent among the masses. There were cases wherein a drink-and-drive person would cause the deaths of pedestrians, and on account of the leniency of the punishment, they would serve only a maximum of 2 years of imprisonment. Some would let go only with a fine. The case of Sanjeev Nanda v. State (2009) is an infamous case on this issue.
Only in rare cases is the provision of Section 304, Part II of the IPC, invoked to give greater punishment to the accused. Moreover, the provisions of Section 134 of the MV Act were not followed.
WHAT IS THE NEW PROPOSED HIT AND RUN LAW?
OR
WHAT IS NEW HIT AND RUN LAW?
Under the new proposed criminal law, through Section 106 of the BNS, the following changes have been made:
- The punishment for hit-and-run cases has been increased from 2 years to 5 years.
- There is a duty on the part of the wrongdoer who has caused the death by a rash and negligent act to not escape without reporting the case to the concerned authorities, and if he fails to do so, punishment is imprisonment for 10 years and a fine. The offense is non-bailable.
- New hit and run law is for which vehicle may be answered as it is applicable on every vehicle.
WHAT IS THE CONCERN OF THE ALL-INDIA MOTOR TRANSPORT CONGRESS?
The AIMTC, representing the interests of truck drivers, has opposed the new changes to the hit-and-run law for the following reasons:
- In cases of accidents, generally, liability is imposed on truck drivers (as their vehicles are huge), even in cases where there is no fault of those drivers.
- If a driver stops at the place of the incident, then he himself will get attacked by the mob.
- The punishment is strict.
ANALYSIS OF THE NEW MOTOR VEHICLE ACT
In India, it is to be noted that every hour, 53 accidents occur and 19 people die. In 2022 alone, in 4.61 lakh accident cases, 1.68 lakh people died. More than 50% of the cases have been reported on national and state highways. According to a study conducted by SFF, truck drivers drive for 12 hours even in tiresome and sleepy conditions. 20% drive on drugs.
Therefore, considering the gravity and seriousness of the situation, a strict law was needed that was capable of creating a deterrent effect on the wrongdoer.
However, the concerns of the drivers also need to be addressed, and the provision may be amended to the extent that they may be allowed to escape from the scene if they apprehend a mob attack on them. But the mandate of reporting the matter to the concerned authority and an enhanced punishment for failure to do so are much more desirable.
CONCLUSION
The strike has now been called off by the AIMTC on the assurance that this new hit-and-run law has not been implemented, and before doing so, the concerns of the drivers shall be taken into consideration.
One must always be mindful of the fact that laws are implemented to address the concerns of society. The grave is the concern; the grave is the law.
