Truck drivers' protest: What does the new law say on hit and run cases

Aditi Tandon

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New Delhi, January 2

Revised penal provisions for rash and negligent driving under Bharatiya Nyaya Sanhita 2023 which replaces the IPC has triggered nationwide protests by private truck and bus drivers who feel the new punishment prescribed is too harsh.

Most drivers believe all cases of rash and negligent driving leading to death not amounting to murder would attract ten years jail term and Rs 10 lakh fine as against the previous IPC provision which provided for jail up to 2 years or fine or both.

A study of the Bharatiya Nyaya Sanhita shows that two new sections deal with rash and negligent driving.

Section 106(1) provides for a punishment of 0-5 years and Section 106(2) provides for a punishment of 0-10 years in ‘hit and run’ cases.

The duration of sentences in hit-and-run cases has been increased to 10 years because of the observations made by the Supreme Court, official sources say.

The Supreme Court has stated in multiple cases that strict action should be taken against those drivers who recklessly drive vehicles, cause accidents resulting in someone’s death, and then flee the scene.

Text of sub-sections 106(1) and 106(2) of the BNS (replacing Indian Penal Code) reveals that if a person immediately reports to a police officer or magistrate about the accident caused by reckless driving the individual will not be charged under subsection 106(2).

Instead, the person will be charged under subsection 106(1), where the sentence is lesser — up to 5 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, while Section 106(2) has been made non-bailable.

Meanwhile Section 304 A IPC which is sought to be replaced by the new law says “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.”

Union Home Secretary Ajay Bhalla will meet the office bearers of the All India Motor Transport Association on Tuesday to resolve the truckers’ concerns.