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The Truckers’ Protest Against The Hit-&-Run Law

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The ongoing truckers’ protest against the recently enacted criminal law (yet to be notified) relating to the hit-&-run is completely misconceived and absurd by virtue of the following reasons:- 


Section 106 of the Bharatiya Nyaya (Second) Sanhita, 2023 (BNS) provides that the act of causing the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be a punishable offence and the offender shall be punished with imprisonment for a term which may extend to five years and a fine.  

Further, if the offender escapes from the scene of the incident or fails to report the incident to a Police officer or Magistrate soon after the incident, he shall be punished with imprisonment for a term which may extend to ten years and a fine. 



Misconceptions about the law:-

1. The offender, in case he is a driver, shall be punished in all cases of road accident  

2. The compulsory imprisonment shall be ten years

3. The compulsory fine shall be seven lakh rupees

4. The offender shall be compulsorily required to take the victim to the hospital

  


The reality of the law:-

1. Section 106 says that the offender shall only be punished when he causes the death of a person by doing any rash or negligent act and not otherwise. It does not generalize and penalize all the cases of hit-and-run or road accidents.


2. Ten years imprisonment is the maximum punishment provided by Section 106, however, there is no minimum punishment but the punishment is a must and, therefore, technically there may be imprisonment of one day only.


3. Section 106 does not specify any amount of fine, however, imposition of a fine is mandatory in the event of a conviction and, therefore, any amount of money may be imposed as a fine provided the competence of the Court. Technically, the Court may order the offender to pay One Rupee only as a fine.      


4. This law does not demand that the offender compulsorily take the victim to the hospital, instead, the law says that the offender must not escape, and if he has to leave the place of occurrence for any reason, he may leave the spot, however, he has to inform the police or magistrate about the incident. It is not required to remain at the place of occurrence while informing the police or magistrate, it may be done from a distant place too. Information has to be given soon after the incident and not immediately after the incident.
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