Road Accident New Law: According to a senior official of the government, under the newly passed Bharatiya Nyay Sanhita Act (BNS), drivers who cause an accidental collision and call the police or transport victims directly to a hospital will not face charges for doing so.

According to BNS, “Anyone responsible for causing death through reckless or negligent driving that does not amount to murder and fails to notify either policemen or magistrate within an acceptable time after the event will face imprisonment of up to 10 years and fines.”

Officials dismissed as misplaced the concerns of truckers protesting against new laws and staying off of the roads, explaining that hit-and-run cases would only apply in instances where drivers tried to escape without informing authorities first.

The law dictates that a driver who reports an accident to the police will not face prosecution. At the same time, those fearful of being attacked at the scene can either go directly to their nearest station or call our toll-free emergency helpline number (108) to report it.

Drivers need only inform police about their vehicle number, contact details and commitment to cooperate in any investigations that arise as part of this agreement.

The functionary explained that in these instances, the strict provisions of the law would no longer apply. Whenever a driver leaves an accident scene without notifying law enforcement, certain provisions are applied strictly under the law.

Similar provisions will be made for drunk driving and accident cases. As per the Supreme Court’s observation, hit-and-run cases have now been revised with an enhanced 10-year punishment provision.

Sources have reported that the Supreme Court has seen several instances where negligent drivers on the road should face stringent sanctions, such as those fleeing an accident which led to someone’s death.

Section 106(1) and (2) of the BNS explicitly state that anyone reporting an incident immediately following it to a policeman or magistrate will be subject to sub-sections 106(1), with potential maximum punishments of up to five years; similarly, sub-section 106(2) may lead to up to 10 years imprisonment.

Sources have reported that offences under section 106(1) are currently available while section 106(2) offences cannot. On Monday, truckers from several states launched a three-day protest against “stringent provisions”.

The Petroleum Dealers Association recently informed the government of a “panic purchasing” situation at fuel stations, which is negatively affecting stock supply.

On Tuesday evening, Ajay Bhalla, Union Home Secretary, convened an All India Motor Transport Congress meeting to address their ongoing agitation.

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Hit-and-run cases involve drivers who flee the scene of an accident they caused after running from authorities and leaving evidence behind.

Individuals charged with such cases are prosecuted under Section 304A after identification; this section carries up to two years imprisonment as its maximum sentence.

Rohit Baluja is a road safety expert and teaches police officers about crash investigation and legal provisions. According to him, the government must specify what forms of evidence it accepts as evidence for claims from either victims or accusers in order to limit abuse of this provision.

Otherwise, forensic evidence could be misused without due investigation and rules formulated to protect innocent parties; furthermore, forensic evidence in road accident cases rarely seen its usage.

Why Such A Law Is Important

According to India’s National Crime Records Bureau, in 2022, there were 47,806 hit-and-run incidents, which resulted in 50,815 fatalities – equivalent to nearly six deaths every hour and 140 per day. 2021 will bring 47,530 accidents, which will claim 43,4999 lives.

Road Accidents in India Report 2022 stated that there have been 67,387 hit-and-run incidents, which killed 30,486, or approximately 85 deaths per day, four per hour.

2021 also saw 57,415 cases, which led to 25938 fatalities due to hit-and-run incidents. MoRTH officials told TrendsMyth that an increase in hit-and-run cases demands stricter rules.

With such stringent laws in place, drivers will take greater precautions. Furthermore, victims of accidents will receive timely assistance due to lower punishments for this category of mishaps.

“The idea is that you should help if unwittingly you cause injury,” noted an official. “Don’t just let them die on the roads.”

The official stated that the Supreme Court had indicated that such cases require strict punishment.

What Bharatiya Nyay Sanhita Says?

Hit-and-run cases that constitute culpable murder will be evaluated under two sections: 106(1) allows for a maximum penalty of five years, while 106(2) stipulates up to ten years as punishment.

Drivers who immediately report an accident to a policeman or magistrate could be subject to lesser punishment under Section 106(1).

Subsection 106(2) sets a maximum sentence of 10 years for anyone who allows someone else to die on the street unsupervised.

Why Are Truckers Protesting?

Rajnish Gurjar, a trucker who spoke to TrendsMyth about his protests, expressed that they are protesting due to an assumption that all drivers are at fault.

“Many of us are poor drivers and sole income earners for our families. When accidents happen, the largest vehicles are often blamed, including truck drivers if it was someone else’s mistake. Stopping to assist victims would result in further harassment from the police and public alike,” according to him.

Bullu Yadav (39), another driver, told reporters they were simply performing their duty without intending to kill anyone.

“Driving is our duty; we don’t get out to kill someone on the road. Some may accuse us of driving recklessly, but our car’s less adaptable than smaller vehicles,” he told TrendsMyth.

Drivers have requested that the government reconsider a law which has yet to take effect, even though implementation has yet to occur.

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