Hit and Run New Law

The new hit-and-run law is part of the Bharatiya Nyaya Sanhita (BNS), introduced in December 2023. This comprehensive code aims to replace the colonial-era Indian Penal Code (IPC). Previously, hit-and-run cases were governed by both the Motor Vehicles Act, 1988, and the IPC with punishment of up to two years. However, Section 106(2) of the BNS, 2023, punishes drivers who leave the accident site and fail to report to the nearest police station with imprisonment for up to 10 years and a fine. And for those drivers who report to police, the punishment is up to 5 years. This provision incentivizes drivers to report accidents rather than flee the scene. The stricter penalties aim to increase driver accountability. However this is being protested by drivers and the government has withheld the implementation of this law till a consensus can be arrived on.

The hit and run cases contribute to a large proportion of road accidents in India. Drivers usually flee away from the accident spots due to the fear of police enquiry, punishment and the risk of mob violence. In such cases, the victims do not get the required immediate medical assistance which leads to loss of lives. Before the introduction of Bhartiya Nyaya Samhita in 2023, the hit and law cases were governed under Motor Vehicles Act, 1988 and Indian Penal Code (IPC). The lenient provisions under these laws and the increasing cases of the road accidents in India highlighted the need for a stricter law.

However, drivers and transporters have raised concerns regarding the new law, leading to protests demanding its withdrawal or amendment. These concerns include unfairness, potential for misuse, risk of mob violence, and inconsistencies with existing regulations. The government recently assured the drivers that all stakeholders, especially drivers, would be consulted before implementing the hit-and-run law.

The new hit and run law is part of the Bhartiya Nyaya Sanhita (BNS) which was introduced in December, 2023 consisting of 358 sections to replace the Indian Penal Code of colonial times. It introduced stricter punishments against the drivers who are involved in the hit and run road accidents cases. Recently, in states Maharashtra, West Bengal, Chhattisgarh and Punjab, drivers organised protests against the new law.

Hit and run accidents refer to incidents where a motor vehicle collides with a person, another vehicle, or property, and the driver fails to stop at the scene, provide assistance to the injured, or report the accident to the authorities. Hit and run cases are considered serious offenses due to the potential for injury or loss of life and the moral obligation for drivers to provide assistance in such situations.

• Motor Vehicles Act, 1988 : Under this Act, it is madatory for drivers to stop the vehicles involved in accidents, provide assistance to the injured and report to the nearest police station.
• Indian Penal Code (IPC) :
  • Section 279 : This section deals with rash driving or riding in a way which endangers human life. Offenders can face imprisonment for up to six months or a fine or both.
  • Section 304A : This section deals with causing death by negligence. The person causes someone's death by rash or negligent driving can be punished with imprisonment for up to two years or a fine or both.

• Increasing road accidents :
  • According to the NCRB data, in 2022, 47,806 incidences of hit and run were reported with the deaths of 50,815 individuals.
  • Road accidents in India are increasing at a rate of 12% and fatalities are increasing at a rate of 9.4% year on year.
  • India witnesses 19 deaths per hour due to road accidents and 1 death in every 3 and a half minutes.
  • The National and State highways constitute only 5% of the total road network in India but contributes to more than 50% of the total road accidents related deaths.


• India’s share in global road accidents :
  • India has only 1% of share in the vehicles globally but contributes to 10% of the total road accident related deaths.
  • India loses 5-7% of its GDP due to road accidents.


• Increasing Driver’s Accountability
  • The IPC only had provision of 2 years jail for the driver who causes someone’s death due to rash driving. Stricter penalties were needed to hold the driver accountable.


• Empowering the victims
  • To empower the victims of road crashes, stricter provisions were needed to grant compensation.

• The new hit and run law under the Bhartiya Nyaya Samhita introduced in December 2023 provides stricter punishments for the drivers who flee the accident site after hitting the person or another vehicle leaving the injured person unattended.
• Section 106(2) of Bhartiya Nyaya Samhita, 2023 : It provides punishment of upto 10 years jail term and fine on the drivers for leaving the accident site and not reporting to the nearby police station.
• Section 106(1) of BNS, 2023 : It has the provision for punishment for the drivers who report the road accident to the police station. It prescribes a lesser jail term of upto 5 years for such drivers for causing death due to rash driving.

• The new law has seperate punishment provisions for drivers who report the accident to police station or who do not. It motivates the drivers to report the accident case rather than leaving the accident site.
• The stricter punishment of upto 10 years jail term will increase the accountability of drivers.
• The new law reflects the idea to enforce moral responsibility on the offender to help the victim of accident.

Transportes and commercial drivers are organising protests against the new hit and run law and demanding withdrawal or amendment of the Section 106(2) of Bhartiya Nyaya Samhita, 2023. The concerns of the protestors are :-

• Unjust penalty : According to the protestors, the stricter penalties of 10 years punishment is unjust and unfair.
• Unfair blame : According to the drivers of commercial heavy vehicles, irrespective of the actual circumstances on the road, are often blamed for the accidents. The new law’s provisions may exacerbate this negative perception.
• In conflict with Article 20(3) (Part III - Fundamental Rights): The new hit and run law is in conflict with the fundamental right of prohibition against self-incrimination enshrined under Article 20(3) of the Constitution of India. Under the provisions of Article 20(3), no person accused of any offence shall be compelled to be a witness against himself’.
• Possibility of misuse : There is a concern that the new law may be misused by the law authorities and the injured persons for getting compensation.
• Risk of mob violence : Generally the drivers run away from the accident site due to the risk of mob violence. The new law has stricter penalties for the drivers who flee away but does not have any safety provision against the mob violence.
• Mismatch with existing provisions : There is mismatch between the new law and the Section 161 of the Motor vehicles (Amendment) Act, 2019 which prescribes 2 lakhs compensation to the victims death in hit and run cases and Rs 50,000 in the cases of grievous hurt.
• Challenging conditions : The protestors argue that the new law does not consider the challenging work conditions of drivers and transporters like long driving hours and lacking road infrastructure.
  • Drivers also argue that the road accidents also involve other factors beyond driver’s control such as poor visibility due to fog etc.
• Against the principles of equality : The Section 106(2) of the BNS, 2023 has an exception for doctors involved in the accidents due to rash or negligent driving. The punishment for them is only upto 2 years with a fine. This is against the principles of equality.

• More elaborate provisions : The new hit and run law does not differentiate between rash and negligible driving. A more elaborate law after comprehensive consultations with stakeholders, especially drivers, should be enacted.
• Clear reporting procedure : The hit and run law should have clarification regarding the procedure to report the accident to police and evidence the drivers need to prove their innocence.
• Differentiation of road accidents : The hit and run law should have clear differentiation for the various outcomes of the road accidents such as death, grievous hurt etc.
• Standardised protocol for emergency response : The law should include provisions for emergency response in the cases of potential mob violence against the drivers.
• Improved infrastructure : There is a need to improve the road infrastructure in India to reduce the road accidents.
• Separate provision for minor injuries : The law should have separate provisions regarding the penalties in the cases of minor injuries due to road crashes.

The new hit and run law can be successful in holding the drivers more accountable in the hit and run cases and has the potential to save many lives as it imposes stricter punishments on the drivers who flee away from the accident spot. However, the new law has many challenges and concerns for the drivers which made them protest against the law demanding the withdrawal or amendment of the Section 106(2) of the Bhartiya Nyaya Samhita, 2023. The protests have been called off recently as the government assured the drivers that before implementing the hit and run law, all the stakeholders especially the drivers will be consulted. Such consultation is necessary and would have been welcome before the law was brought in.