Introduction
Hit-and-run cases present significant challenges in determining a legal framework that serves the greater good. These incidents involve a person leaving the scene of an accident without stopping to identify themselves or render aid, thereby evading responsibility for their actions. Establishing a legal framework for hit-and-run cases demands a balance between deterrence and rehabilitation. Severe penalties, including substantial fines and imprisonment, must serve as a deterrent to dissuade individuals from fleeing accident scenes. A gradation of consequences based on the gravity of the incident, such as the extent of injuries and involvement of intoxicants, can ensure a proportionate response.
Simultaneously, integrating technological solutions, such as surveillance cameras and vehicle identification technology, enhances accountability and aids in the swift identification of offenders. Public awareness campaigns and educational programs should underscore the moral and legal obligations for drivers involved in accidents, fostering a sense of responsibility. Collaborative efforts between law enforcement agencies, cross-jurisdictional cooperation, and victim support systems contribute to a comprehensive legal framework that prioritizes the greater good, thereby, addressing the physical, emotional, and financial aftermath of hit-and-run incidents.
The Recent Controversy
The New Law
According to statistics provided by the National Crime Records Bureau (NCRB) (see here), in the year 2022, 47,806 hit-and-run incidents claimed the lives of 50,815 individuals in India. This alarming figure equates to approximately 6 deaths every hour, amounting to 140 deaths per day attributed to hit-and-run incidents. In the preceding year of 2021, the NCRB reported 47,530 similar events, resulting in the death of 43,499 people.
On August 11, 2023, the Bharatiya Nyaya Sanhita (BNS) was instituted by the Government, marking a replacement for the Indian Penal Code, 1860. The Bharatiya Nyaya (Second) Sanhita, 2023 (BNS2), was presented on December 12, 2023, following the withdrawal of the initial Bill. This revised version incorporates specific recommendations from the Standing Committee. While largely maintaining the provisions outlined in the IPC, BNS2 introduced new offenses, eliminates those deemed invalid by the courts, and amplifies penalties for select offenses.
Provision for Hit & Run
Section 106 of the BNS, 2023:
“(1) Whoever causes 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 five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
(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 ten years, and shall also be liable to fine.”
S.106(2) dictates that individuals fleeing an accident scene without reporting the incident to a police officer or magistrate may face imprisonment of up to 10 years along with a fine. In contrast, should the driver promptly report the incident after the accident, they will be subject to charges under S. 106(1) rather than S. 106(2). S. 106(1) outlines penalties of up to 5 years for causing death through any rash or negligent act not amounting to culpable homicide. The introduction of the new legislation is prompted by alarming statistics concerning road accidents in India.
The Controversy
The entire truck driver community, along with the All India Motor Transport Congress representing truckers, expressed discontent with the impending legislation. Consequently, truck drivers initiated a nationwide protest in January 2024 in states such as Maharashtra, Punjab, Madhya Pradesh, Uttar Pradesh, Himachal Pradesh and Jammu and Kashmir, causing widespread disruption by immobilizing their trucks on roads and highways. Their demand was a reevaluation of the proposed law. Both the All India Motor Transport Congress and truckers assert their opposition to the necessity of a new law. Truckers have characterized the recently implemented provision a “kaala kanoon”, i.e., black law.
Transporters and commercial drivers urged the retraction or modification of Section 106(2) under the BNS, 2023. Those participating in the protest contend that the widely circulated perception, indicating that Section 106(2) mandates imprisonment of up to 10 years and a fine of Rs. 7 lakh for leaving an accident scene without reporting to a police officer or magistrate, is substantially inaccurate. While this section does discuss a maximum penalty of 10 years in jail and a fine, there is no explicit mention in the BNS specifying the fine as Rs 7 lakh.
Protesters argue that the imposed penalty is excessively severe, failing to account for the demanding work conditions of drivers, including prolonged hours of driving and challenging road conditions. Furthermore, transporters assert that accidents may result from factors beyond the driver’s control, such as reduced visibility due to fog, coupled with the legitimate concern of potential violence from mobs if drivers stop to assist at accident sites. Their worry revolves around the potential misuse of the law by law enforcement agencies, with a fear that the severe penalties could adversely impact the entire transport industry.
In response to the protests, the government at the union level has decided to delay the implementation of the recently proposed hit-and-run regulations and has assured discussions involving all relevant stakeholders.
AIMTC India president Amritlal Madan reveals that an agreement was reached not to enforce the new law until a mutually acceptable plan of action is determined in the upcoming meeting. The AIMTC and the truckers remain steadfast in their demands. Should the government persist in enforcing the law in its current state, Madan warns that the entire community of truckers will suspend operations and initiate nationwide protests again.
The Need for Legal Framework
According to this report (see here), States and Union Territories (UTs) collectively reported 461,312 road accidents in the calendar year 2022, resulting in 168,491 fatalities and injuries to 443,366 individuals. In 2022 (see here), Tamil Nadu registered the highest incidence of road accidents on its National Highways network, totaling 64,105 incidents. Determining a legal framework is, thus, significant, in hit-and-run cases for several reasons, as it establishes the guidelines and consequences for such incidents.
Here are detailed explanations for the need to determine a legal framework in hit-and-run cases:
Accountability and Justice:
- Identification of Offenders: A legal framework ensures that individuals responsible for hit-and-run incidents can be identified and held accountable for their actions. This is essential for delivering justice to the victims and their families.
- Criminal Charges: The legal framework outlines the specific criminal charges and penalties associated with hit-and-run offenses. This helps in ensuring that offenders face appropriate consequences, deterring potential perpetrators from fleeing the scene of an accident.
Protection of Victims:
- Compensation and Support: A legal framework provides a basis for victims to seek compensation for damages and injuries resulting from a hit-and-run. It ensures that victims and their families can access the necessary support, both financial and legal, to cope with the aftermath of the incident.
- Rights and Entitlements: The legal framework outlines the rights and entitlements of victims, ensuring they receive due consideration in the legal process. This includes the right to be informed about the progress of the case and the right to participate in legal proceedings.
Deterrence:
- Preventing Future Incidents: Clearly defined legal consequences act as a deterrent, discouraging individuals from leaving the scene of an accident. A well-established legal framework sends a strong message that hit-and-run incidents will be treated seriously, reducing the likelihood of such incidents occurring in the first place.
- Promoting Responsible Behavior: The legal framework encourages responsible behavior on the roads by emphasizing the importance of staying at the scene of an accident and reporting it promptly. This contributes to overall road safety and a sense of accountability among drivers.
Investigation and Prosecution:
- Facilitating Investigations: A legal framework provides law enforcement agencies with the necessary tools and procedures for investigating hit-and-run cases. This includes protocols for collecting evidence, conducting interviews, and using forensic techniques to identify the responsible party.
- Legal Procedures: It establishes the legal procedures that need to be followed during the prosecution of hit-and-run cases. This ensures that the legal process is fair, transparent, and adheres to the principles of justice.
Public Confidence:
- Trust in the Legal System: A well-defined legal framework builds public trust in the legal system. When individuals see that hit-and-run cases are taken seriously and that justice is served, it enhances confidence in the legal system’s ability to address such offenses effectively.
- Promoting Rule of Law: The legal framework reinforces the rule of law by setting clear expectations for behavior on the roads and defining the consequences for violations. This contributes to a society where individuals are held accountable for their actions.
