Editorial

Source: The Hindu

Introduction

• There was a major protest of truck drivers in resistance to the new Hit and Run provision under Bhartiya Nyaya Sanhita, 2023. It is termed as black law by the truckers. All India Motor Transport Congress’s (AIMTC) Chairman said that they will not let the law come into force.

The protest was called off after a meeting with Union Home Secretary after a condition that the law will come into force after consultation with AIMTC.

How was the Protest Against Hit and Run Law Called off?

• The Government of India through a Press release issued on 2^nd January 2024 specified that it has taken cognizance of the concerns of truckers regarding the provision of 10 years imprisonment and fine, under Section 106 (2) of BNS and held a detailed discussion with the representatives of AIMTC.
• The government pointed out that these new laws and provisions have not yet come into force and the decision to invoke Section 106 (2) of BNS will be taken only after consultation with AIMTC.
• The government appealed to AIMTC and all the drivers to return to their respective jobs.

What is the Hit and Run Law?

• Offence under Section 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, commits an offence under Section 106 (2) of the BNS.
• Punishment under Section 106 (1):
  • The offender shall be punished with imprisonment of either description of a term which may extend to ten years and shall also be liable to fine.
• Ground for Remedy:
  • As mentioned in the Section, if the person informs the police or a Magistrate, the court will get a ground to presume that the act was unintentional under Section 106 (1) as intention works as significant tool for presumption.
• Section 106 (1):
  • It states that whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished.
  • The punishment shall be imprisonment of either description for a term which may extend to five years and shall also be liable to fine.

What are the Differences Between Sub-sections of Section 106 of Bhartiya Nyaya Sanhita, 2023?

What is the Data Related to Road Accidents?

• Data on Accident:
  • A report from the Ministry of Road Transport and Highways revealed that over 4.6 lakh accidents occurred, leading to the unfortunate death of 19 people every hour.
  • The data also indicated that 53 accidents happened every hour in the country.
• Road Accidents in India Report – 2022 Data on Hit and Run:
  • As per the data of Road Accidents in India Report – 2022 'Hit from Back' accounted for the largest share in total accidents death (19.5%), followed by 'Hit and Run' and 'Head on Collision' which account for 18.1% and 15.7% respectively. '
  • The report also mentioned the position of Hit and Run under Motor Vehicle Amendment Act, 2019.

What was the Position of Hit and Run Law before Bhartiya Nyaya Sanhita?

• Section 161 of the MV Amendment Act, 2019:
  • Section 161 of the MV Amendment Act, 2019 provides enhanced rates of Rs. 2,00,000 on the death of a victim in Hit and Run as against Rs 25,000 as was earlier provided as compensation.
  • MV Amendment Act, 2019 provided fine in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the Central Government.
• Section 304A of Indian Penal Code, 1860 (IPC):
  • This section provides that 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.
  • Prior to BNS, the aforementioned provision was applied by courts in the case of Hit and Run.

Way Forward

• It is imperative to facilitate open dialogue between the government and AIMTC to address the apprehensions of truckers regarding the Hit and Run provision.
• A collaborative approach in shaping road safety legislation is crucial, considering the rise in road accidents, as highlighted by the Ministry of Road Transport and Highways' 2022 report.
• Additionally, exploring amendments or alternatives to the punitive measures under Section 106 of BNS could strike a balance between public safety and the concerns of transport stakeholders.
• Continuous engagement, transparency, and a data-driven approach should guide future decisions to ensure road safety without disproportionately affecting any sector.