Hit And Run Law: A Step Towards Justice Or A Cause Of Unrest?

Pratyaksh Dubey Jan 05, 2024

As per the Road Accident in India report, the total number of accidents in 2022 was 4,61,312 and total deaths reported were 1,68,491, whereas in 2021 total accidents reported were 4,12,432 and the deaths reported were 1,53,972, reflecting a 10 per cent rise between 2021 and 2022

The government of India has recently enacted the Bharatiya Nyay Sanhita (BNS), a new criminal code that replaced the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act (IEA). One of the most controversial provisions of the BNS is the stringent penalty for hit-and-run incidents, which has sparked nationwide protests by truck and bus drivers.

Minister of Home Affairs Amit Shah while introducing the hit-and-run law, said, “If someone is driving a vehicle and hits someone and it is unintentional, if a person gets injured and the driver calls the police station or 108 or takes the victim to the hospital, then this is unintentional. In such cases, there is a provision for lesser punishment. But if someone hits a person and leaves the victim to die and doesn't inform the police or hospital, in this case, we have introduced a punishment of 10 years."

According to the BNS, a person who causes the death of another person by rash or negligent driving and flees the scene without reporting to the authorities can face imprisonment for up to 10 years and a fine of Rs 7 lakh. The previous law under the IPC prescribed a maximum punishment of two years and a fine for causing death by negligence.

“Due to road accidents, the country faces a loss of GDP of 3.14 per cent Unfortunately, 67 per cent of deaths belong to young people aged 18 to 45 years. It's not a success story for my department," said Union Minister for Road Transport and Highways, Nitin Gadkari, while addressing the parliament on 7 December 2023.

However, the new law has faced strong opposition from the transport sector, especially truck and bus drivers, along with a few farmer communities, who claim that it is unfair and discriminatory towards them. They argue that the law does not take into account the ground realities of road conditions, traffic rules and mob violence in India. They fear that they will be falsely implicated or harassed by the police and the public in case of an accident, even if they are not at fault or try to help the victims.

The All India Motor Transport Congress (AIMTC), the apex body of transporters, has called for a nationwide strike against the new law, demanding its immediate rollback. The strike, which started on 1 January 2024, has disrupted the supply of essential commodities, fuel, and passenger services across the country. The AIMTC has also raised concerns over the lack of consultation and awareness among the stakeholders before the enactment of the law.

The government, on the other hand, has appealed to the transporters to call off the strike, assuring them that the law will not be misused or implemented arbitrarily. The government has also stated that it will issue guidelines and standard operating procedures to ensure the smooth implementation of the law and the protection of the rights of drivers. The government has also invited the representatives of the transport sector for a dialogue to resolve the issue amicably.

The new hit-and-run law has thus created a rift between the government and the transport sector, with both sides sticking to their positions. The law, which aims to improve road safety and justice, has ironically led to chaos and unrest on the roads. The question that remains is whether the law will be able to achieve its objectives or will backfire and create more problems than it solves.