Rash driving: New law raises jail term from 2 to 5 years

Aditi Tandon

New Delhi, January 2

Revised penal provisions for rash and negligent driving under the new criminal law, Bharatiya Nyaya Sanhita, 2023, which replaces the IPC, has triggered protests by a section of private truck and bus operators who consider the new punishment too harsh and want it reconsidered.

SECTION 106 of Bharatiya Nyaya Sanhita

• 106 (1): Whoever causes death of a person by any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine
• 106 (2): Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to 10 years, and shall also be liable to fine

The new BNS Section 106(1) enhances punishment for causing death by rash or negligent driving to imprisonment up to five years (from up to two years in the IPC). Section 106(2) of the BNS deals with hit-and-run cases. It says a driver who causes death by rash and negligent driving and “escapes without reporting it to a police officer or a magistrate soon after the incident shall be punished with imprisonment which may extend to 10 years and shall also be liable for a fine”.

The section does not mention a fine of Rs 10 lakh, although protestors are citing this quantum of fine. The BNS Section 106(1) provides for a punishment up to five years and Section 106(2) provides for a punishment up to 10 years in ‘hit and run’ cases. The quantum of fine is not mentioned and will depend on the wisdom of the courts. Officials say a plain reading of the text of sub-sections 106(1) and 106(2) reveals if a person immediately reports the accident to a police officer or magistrate, they will not face punishments mentioned in sub-section 106(2).

“Such persons who intimate an accident which leads to death or serious injury will only face charges under sub-section 106(1), where the sentence is lesser— up to five years as against sub-section 106(2), which provides for a sentence of up to 10 years. Section 106(1) is still a bailable offence, as was the provision in the IPC, while Section 106(2) has been made non-bailable to protect right to life of people,” officials said.

Section 304A of the IPC, which earlier dealt with hit-and-run cases said, “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”