Hit and Run Law in India
- ByAdmin --
- 20 Apr 2024 --
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HIT & RUN LAW IN INDIA
A hit-and-run is when a driver causes an automobile accident and then runs away without helping or informing the authorities to avoid being identified as the one responsible for the accident.
Laws dealing with hit-and-run incidents:
- The Indian Penal Code, 1860, Section 304A (IPC)
- This section punishes individuals who, through negligent or reckless actions not amounting to culpable murder, cause the death of another person. Penalties may include a fine, two years of imprisonment, or both.
- The IPC's 304A offense includes a provision for bail, and this loophole appears to be directly connected to the increase in fatalities and trauma resulting from hit-and-run incidents.
- The 2019 Motor Vehicle Amendment Act addressed hit-and-run cases in Section 161. (1) The Central Government shall, in accordance with the provisions of this Act and the scheme established under sub-section (3), provide for the payment of compensation in respect of the death of or serious injury to persons resulting from hit-and-run motor accidents, notwithstanding anything contained in any other law in force at the time or any instrument having legal force.
- The MV Amendment Act, 2019's Section 161 raises the compensation rate for a victim who dies in a hit-and-run accident from Rs. 25,000 to Rs. 2, 00,000.
A hit-and-run driver who causes serious injury to another person is subject to a fine of 50,000 rupees or more, as determined by the Central Government, under the MV Amendment Act of 2019.
Because the IPC's provisions for hit-and-run incidents were insufficient, new clauses had to be added. - In the landmark case of S Rajaseekaran vs. Union of India & Ors. (I.A. No.71387 of 2023 in Writ Petition (C) No. 295 of 2012 and cited in Neutral Citation No.: 2024 INSC 37), the Supreme Court mandated that police in a hit-and-run accident notify the victim or their legal representatives of the availability of the compensation scheme under Section 161 of the Act.The Motor Vehicles Act's Section 161 provides for an annual maximum compensation amount of Rs 2 lakhs for fatalities and Rs 50,000 for severe injuries in hit-and-run accidents. The court ordered the Central Governments to take this into consideration, given the depreciation of currency.
In 2023, Bhartiya Nyaya Sanhita introduced new regulations to address hit-and-run events. The ensuing clauses are introduced: - According to Section 106 (1), anyone who causes the death of another person by reckless or careless actions that do not constitute culpable homicide will face punishment.
The punishment includes imprisonment for up to five years, as well as a fine. - Section 106 (2) of the BNS states that if a person is killed by hasty and careless driving and escapes without reporting the occurrence to a police officer or Magistrate, they are committing an infraction.
This provision establishes an aggravating punishment of up to ten years and a fine for reckless or careless driving.
Opposition from stakeholders
Stakeholders, including truckers and transporters, opposed the new law on hit and run cases. Truck drivers staged a large demonstration in opposition to the new Hit and Run provision in Bhartiya Nyaya Sanhita, 2023. Truckers refer to it as the "black law." The Chairman of the All India Motor Transport Congress (AIMTC) made clear that the law will not be enforced.
The demonstration was put off after a meeting with the Union Home Secretary, with the condition that the law goes into effect after consultation with AIMTC.
Arguing that the harsh penalties, which include up to ten years in prison and large fines, fail to account for the nuanced complexity of their profession. Long driving hours, frequently extending into the dead of night, combined with the dangerous conditions of Indian highways, provide substantial obstacles that cannot be ignored.
Conclusion:
While the recently implemented hit-and-run law in the BNS may face criticism, its benefits are undeniable. While the worries of transporters and commercial drivers are justified, steps can be put in place to protect their interests, such as public awareness campaigns and attempts to address the core causes of accidents. Finally, the new law represents a commitment to providing safer roads and a fearless environment for all stakeholders.
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