INTRODUCTION
Road accidents in India have reached alarming levels, with hit and run incidents reflecting a grave failure of road safety norms and legal accountability. According to the National Crime Records Bureau (NCRB), 47,806 hit and run cases were reported in 2022, resulting in 50,815 deaths. Road accidents are rising at an annual rate of nearly 9.4%, which means approximately 19 deaths every hour. Although National and State Highways only constitutes 5% of the total road network, but it account for more than half of all road accidents that cause death. Against this disturbing backdrop, the Bharatiya Nyaya Sanhita, 2023, introduces stricter punishment for hit and run offences, particularly under Section 106, which replaced the old draconian law under the Indian Penal Code. The legislative intent behind such a section is to make people accountable of there act and protect the victims. However, the provision has also triggered tension and protest across various states concerning the arbitrariness of punishment, its potential misuse, and constitutional validity.
CONCEPT OF HIT AND RUN Offence Under BNS
What is a hit and Run?
Hit and run means when the driver, after causing death or bodily injury due to his negligent act of driving, flees or escapes the scene of the incident without stopping and even fails to assist the victim and inform authorities.
Essentials of Hit and Run Offence Under BNS
- Accused involved in a road accident
- Accident resulting in death or bodily injury
- Knowledge of the accident
- Failure to stop the vehicle after the incident
- Failure to assist the victim
- Failure to report the accident to the authorities
- Escape from the scene
In hit and run cases, liability arises not only from causing the accident but also from the driver’s conduct. Negligent driving refers to rash or careless behaviour before the accident, which involves a breach of duty of care. As compared to hit and run offences, they focus on the consequences after the accident, especially when the driver escapes the scene of the accident. Even if the accident is unintentional, fleeing from the place of the accident constitutes a separate offence. This action deprives victims right to life and even obstructs the investigation.
LEGISLATIVE BACKGROUND OF HIT AND RUN LAWS IN INDIA
Before the enactment of the Bharatiya Nyaya Sanhita, hit and run cases were primarily governed by the Indian Penal Code, 1860, and the Motor Vehicles Act, 1988. Such incidents were stated under provisions relating to rash and negligent driving, causing death by negligence and the compensation scheme.
Statutory Reference
- Indian Penal Code, 1860
Section 279 – Rash driving or riding on a public way
Section 304A – Causing death by negligence
These provisions regulated rash or negligent driving but did not recognise hit and run as a separate offence. The focus remained on the manner of driving rather than escaping from the scene.
- Motor Vehicles Act, 1988
Section 134– Duty of driver in case of accident and injury to a person
Section 161 – Special provision as to compensation in case of hit and run motor accidents
This Act laid down the duties of the driver after an accident, introduced compensation for victims, and didn’t focus much on penal provisions.
- Bharatiya Nyaya Sanhita, 2023
Section 106–Causing death by negligence
For the very first time, Indian criminal law has explicitly criminalised hit and run cases with severe punishment, that indicate a significant change.
Limitations
A major limitation of the earlier framework was the absence of a stringent offence addressing the driver’s conduct after the accident. The IPC and Motor Vehicles Act did not treat fleeing from the scene as an independent or aggravated offence, resulting in weak penal provisions. There are many drawbacks to these, such as difficulty in identifying the accused and not being able to assist the victim. Rising road accidents, increasing hit and run casualties, and public demand for change make all these reforms necessary. All these concerns led to the introduction of stricter provisions under the Bharatiya Nyaya Sanhita, 2023.
HIT AND RUN OFFENCES UNDER BNS
The Bharatiya Nyaya Sanhita, 2023, marks a substantial shift by explicitly criminalising hit and run offences with severe punishment and replacing the old draconian law,i.e, the Indian Penal Code 1860
Key Provision
Section 106 – Causing Death by Negligence
(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.
Nature of offence- Cognizable, bailable, triable by a Magistrate of the First Class.
Explanation
This sub-section applies to cases where a person causes the death of another due to a rash or negligent act. This sub-section is associated with two things: One is that a person may be imprisoned if their negligence results in someone’s death; on the other hand, the law recognises the limitation on punishment if a doctor unintentionally causes death during medical treatment.
(2) Whoever causes death of any person by rash and negligent driving of a 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.
Nature of offence- Cognizable, non-bailable, triable by Magistrate of the First Class.
Explanation
This sub-section explicitly covers hit and run cases, and it relates to a person who causes death by rash or negligent driving and subsequently escapes the scene without reporting the incident to the police or higher authorities.
Changed Legal Dynamics
In the earlier framework, that is under section 304A of the IPC, [causing death by negligence], the maximum punishment stated is imprisonment of two years or fine or both, and the courts have discretion whether to award imprisonment or fine to settle the case. But the changed dynamics have moved positively, where the earlier law didn’t distinguish between the negligence and hit and run cases, the new law frames two sub-sections, which differentiate between the two. Bharatiya Nyaya Sanhita not only enacted a separate section for hit and run cases but also enhanced the punishment structure:
- Under section 106(1), the punishment increased to five years
- A Separate offence for hit and run was created under section 106(2)
- More strict and severe punishment
- Classification of hit-and-run as a non-bailable offence
This shift reflects a legislative move towards enhanced deterrence and accountability, which places greater responsibility on persons who flee from the scene of an incident.
Legislative Intent
The intent behind Section 106(2) of Bharatiya Nyaya Sanhita,2023, is to penalise a person who flees from the accident scene and endangers human life and obstructs justice. The main aim of this provision is to make drivers accountable for their actions and to protect the victims by providing them assistance, which in turn can save their lives. This law focuses on a victim-centric approach by conveying strong societal disapproval of abandoning accident victims.
CONTROVERSIES SURROUNDING HIT AND RUN LAWS
Like every coin has two sides with its advantages and disadvantages, the newly enacted Bharatiya Nyaya Sanhita, 2023, also addresses hit and run cases with both progressive and practical concerns. While some of the people are encouraging this law, some sects of our society have raised issues regarding the law, the drivers and transport union is among them. According to them, this law not only includes some severe penalties for hit and run offences but also jeopardises their livelihood, especially in circumstances of unintentional accidents caused by bad roads, abrupt pedestrian movement, or mechanical failure. Concerns about misuse and misleading assumptions have also been raised. This led to the debate over whether the law strikes a reasonable balance and falls within the ambit of deterrence, justice, and fairness.
How can the law be misused?
Section 106 of the Bharatiya Nyaya Sanhita, which deals with causing death by negligence and specifically addresses fleeing the scene of an accident, has the potential to be exploited if not properly safeguarded.
- In accidents involving several vehicles or poor visibility, drivers may be unlawfully accused.
- Drivers fleeing due to fear of mob violence or to seek medical help may still be treated as accused.
- The threat of severe punishment can be misused by authorities to extract illegal confessions or admissions.
- Shock or confusion that is part of basic human nature after accidents may be misconstrued as the reason for escape.
Hence, Section 106 focus to strengthen responsibility and protecting victims; its misuse can erode fairness unless supported by clear guidelines, cautious investigation, and judicial review.
CONSTITUTION AND LEGAL CONCERNS
The severe punishment for hit and run under Section 106 of Bhartiya Nyaya Sanhita 2023 has not only sparked protests from drivers but also raised comprehensive legal and constitution question about justice, equity and good conscience.
Article 14 – Right to Equality
Some experts contend that classification between negligence and hit and run may result in unequal treatment if not applied precisely. But some supporters stated that treating escape as an aggravating factor has a rational nexus with the object of protecting life and ensuring liability.
Article 21 – Right to Life and Personal Liberty
The enhanced punishment and non-bailable nature of the offence raised concerns about fairness and arbitariness and on the other hand, Article 21 protects victims’ right to life through encouraging timely assistance and reporting.
These controversies have admitted that the applicability of section 106 of Bharatiya Nyaya Sanhita 2023 can be judicially scrutinised to ensure that the provisions are fair, just, and reasonable in nature.
Comparative Perspective
All over the world, hit-and-run offences are treated as serious offences because fleeing from an accident scene directly endangers human life and obstructs justice. Some of the countries are mentioned below for reference:
United States
Hit and run laws in the USA vary from state to state, which reflects a federal structure. For example In Virginia, hit and run becomes a felony when it results in the death or serious injury of the victim and in California, it becomes a misdemeanour or felony when damaged caused to property or bodily injury.
United Kingdom
If a person does not stop when a crash occurs, then he shall be punished with maximum imprisonment of six months with fine of 5000 euro and a ban on driving.
Canada
Hit and run is criminalised under the Criminal Code of canada and it states that if a person crashes a car, then he shall be punished with imprisonment up to 5 years, and if bodily injury or death is caused in that crash, then such person shall be liable for imprisonment of 10 years, which can extend to life imprisonment.
China
Article 101 of the road traffic safety law states that if someone flees or escapes the scene of the incident, then their driving licence be revoked and a possible lifetime ban.
Article 133 of the Criminal Code of 1997 states that if a hit and run results in death or bodily harm, then such a person shall be imprisoned for up to 7 years.
Hit and run laws were among the earliest traffic laws to be enacted. Many foreign countries have adopted a victim-centric approach, linking their punishment to several factors such as injury, death, negligence, rashness and other circumstances. And here, on the other hand, is our newly enacted hit and run law under section 106 of the Bharatiya Nyaya Sanhita,2023. This law aligns with the judicial requirements for approaching the incident with a stricter framework. Although this law has some drawback but, those limitations can be resolved by examining the successful models of other countries, which can provide a valuable insight for India’s legal framework, addressing loopholes and making the law fit under the scale of fairness and reasonableness.
ENFORCEMENT CHALLENGES
Enforcing hit and run laws presents some unusual strain on the lawmakers, which often weakens their effectiveness on the ground. The main difficulties are:
- It is very difficult to identify the accused person because of the poor mechanisms of the authorities.
- We have cctv at every corner of the street or highways, but because of poor visibility its hard to collect evidence.
- There are not enough resources for conducting a proper police investigation.
- Poor cooperation between hospitals and the police.
- Lack of trust among people due to unresolved cases.
CONCLUSION
The knowledge of hit and run came into the limelight after the Salman Khan hit and run case that took place in 2002. Till then, we only had the Indian Penal Code and the Motor Vehicle Act to deal with such accidents. But now the shift took place, and the hit an run offence under the Bhartiya Nyaya Sanhita reflects a strong legislative intent to curb negligent driving and fleeing from the scene by imposing stricter punishment. By treating this as an aggravated offence, the BNS seeks to eliminate the indifference caused to the victims by strengthening their public safety. However, the severity of punishment has raised serious concerns among drivers and many experts regarding its approach, fairness, transparency and its misuse. These concerns underline the need for balance judicial approach and safeguards to protect genuine cases. Balancing the law by using the principle of due process of law and addressing legal and technological gaps. India can strive towards a more just, balanced and accountable system for handling hit and run cases.
About Author
Sugandha is an advocate and a law graduate with an LL.M from Damodaram Sanjivayya National Law University. Her academic interests encompass criminal law, gender-neutral legal framework, and security laws. Through her writings, she seeks to critically analyse legal frameworks and contribute to discussions aimed at ensuring justice, equality and effective legal protection.
Frequently Asked Questions (FAQs)
- What are hit and run offences under BNS?
Hit and run under BNS means when a driver causes the death of a person by their negligent driving and flees the scene without providing help or informing the police.
- How is hit and run under BNS different from the IPC provisions?
IPC does not define hit and run as a specific offence. It gave punishment for rash and negligent driving. whereas BNS treats hit and run as a separate, aggravated offence with strict penalties.
- Why are hit-and-run laws under BNS controversial?
This law is criticised among drivers and transport unions because they think this will jeopardise their livelihood, and they will be falsely imprisoned. This law calls for being excessively harsh on negligent drivers, which ignores ground realities.
- What punishment is prescribed for hit-and-run offences?
Section 106(2) BNS prescribes punishment for hit and run -Imprisonment up to 10 years and a fine.
- Can hit-and-run provisions under BNS be challenged constitutionally?
Yes, they can be challenged through judicial review on grounds of arbitrariness, disproportionality, and violation of Articles 14 and 21.
REFERENCES
https://vajiramandravi.com/current-affairs/hit-and-run-new-law/- Hit and Run New Law, Provisions, Significance, Concerns
https://www.legalkart.com/legal-blog/india%E2%80%99s- hit-and-run-law-explained-all-you-need-to-know