by Nitesh Shukla
Introduction
Hit-and-run incidents, where a driver flees the scene of an accident, leaving victims to suffer and die, are a stark reality on India’s roads. These cowardly acts not only claim lives and cause irreparable harm but also perpetuate a culture of impunity, making it challenging for the legal system to deliver justice. The consequences are devastating: families are left to grieve, victims are denied compensation, and perpetrators often go unpunished. It is essential to understand the evolution of India’s legal framework, particularly the Indian Penal Code (IPC) law, and the recent Bharatiya Nyaya Sanhita (BNS) reforms to shed light on making possible effective changes to the legal framework. This blog post delves into the complexities of hit-and-run incidents, tracing the development of IPC law and the impact of BNS reforms, to shed light on the current legal landscape and its effectiveness in addressing these heinous crimes.
Historical Background of IPC Laws on Hit and Run
The Indian Penal Code, enacted in 1860, has undergone numerous amendments to address the changing dynamics of crime and punishment. Originally, the IPC did not have specific provisions for hit-and-run cases, as vehicular accidents were not prevalent in the 19th century. However, with the advent of motor vehicles in the early 20th century, the need for laws governing road safety became evident.
Section 279 of the IPC, which addresses rash and negligent driving, and Section 304A,[i] which deals with causing death by negligence, were introduced to tackle motor vehicle incidents. These sections have been pivotal in prosecuting hit-and-run cases. Over the years, several landmark cases have influenced the interpretation and enforcement of these laws. The infamous Salman Khan hit-and-run case,[ii] for instance, brought significant public attention to the loopholes in the legal system and the challenges faced in holding perpetrators accountable. The Bombay HC acquitted Salman Khan who was initially convicted by the trial court. This is one of the many cases which underscored the importance of more stringent laws to ensure that the victim gets justice and to prevent such grave incidents.
Current IPC Provisions for Hit and Run
Under the current IPC framework, several sections are relevant to hit-and-run cases:
Section 279: This section deals with rash and negligent driving, prescribing imprisonment for up to six months, or with a fine of up to ₹1,000, or both.[iii]
Section 304A: This section addresses causing death by negligence, which can lead to imprisonment for up to two years, or with a fine, or both.[iv]
Section 337: This section pertains to causing hurt by an act endangering life or personal safety, punishable with imprisonment for up to six months, or with a fine of up to ₹500, or both.[v]
Section 338: This section covers causing grievous hurt by an act endangering life or personal safety, which can result in imprisonment for up to two years, or with a fine of up to ₹1,000, or both.[vi]
Legal procedures in hit-and-run cases typically involve registering a First Information Report (FIR), collecting evidence, apprehending the suspect, and prosecuting them in a court of law. However, the application of these laws varies, and successful prosecution often depends on the availability of evidence and witness testimony.
Several case studies illustrate the challenges and successes in prosecuting hit-and-run incidents. Nanda hit-and-run case[vii] was one of them which showed the judiciary’s commitment to delivering stern penalties for negligent driving. The trial faced numerous challenges, including allegations of evidence tampering and witness intimidation. Initially, the case saw significant delays and obstructions, with Sanjeev Nanda being acquitted by a trial court. Later on, due to significant public pressure and the persistence of the victims’ families, the Delhi High Court revisited the case. In 2008, nearly a decade after the incident, Sanjeev Nanda was convicted under Section 304 Part II (culpable homicide not amounting to murder) of the IPC and sentenced to two years’ imprisonment. The sentence was later increased to five years by the Supreme Court in 2012.
Background To Reforms Under The Bhartiya Nyaya Sanhita On Hit and Run
In a significant overhaul of the Indian legal system, the BNS was introduced in 2023,[viii] replacing the colonial-era Indian Penal Code (IPC) of 1860. The BNS reforms aim to overhaul various aspects of the legal and administrative framework in India. These reforms seek to enhance efficiency, transparency, and accountability in the justice system, including the handling of hit-and-run cases. The BNS marks a paradigm shift in the country’s approach to addressing hit-and-run incidents, with a renewed focus on stricter penalties and enhanced accountability. Section 106(2) of the BNS, in particular, has sparked widespread debate and protests among transporters and commercial drivers, who argue that the new law has several flaws that need reconsideration.
Under the BNS, drivers involved in hit-and-run incidents can face penalties of up to 10 years in jail and a fine, in addition to the existing provisions of Section 304A of the IPC. This move is seen as a response to the growing concern over road accidents in India, which claimed over 1.68 lakh lives in 2022 alone, translating to an average of 462 deaths daily.[ix] The introduction of the BNS is a significant step towards addressing the loopholes in the legal system and ensuring that those responsible for hit-and-run incidents are held accountable.
Impact of BNS Reforms on Hit and Run Cases
Under Section 106(1) of the Bharatiya Nyaya Sanhita, whoever causes death by rash and negligent driving of a vehicle not amounting to culpable homicide shall be punished with imprisonment of up to 5 years, and shall also be liable to a fine.[x] This marks a significant increase from the Indian Penal Code which prescribed a maximum punishment of two years for the same offence.
However, it is essential to note that Section 106(2) of BNS introduces a more stringent provision for hit-and-run cases, where the driver escapes without reporting the incident to a police officer or Magistrate soon after. In such cases, the punishment can extend up to 10 years of imprisonment, and a fine.[xi] This provision is a new addition and aims to deter drivers from fleeing the scene of an accident, thereby promoting accountability and stricter punishment for reckless driving.
BNS Section 106(2) often referred as the hit & run law’s mirrors Section 134 of the Motor Vehicles Act, 1988, which mandates drivers to provide medical attention to injured persons, unless it’s impractical due to circumstances beyond their control, such as mob fury.[xii]
Notably, the BNS has made a distinction between cases where the driver reports the incident to the authorities soon after and those where they escape without reporting. While the former will be punished under Section 106(1) with a maximum imprisonment of 5 years, the latter will attract a more severe punishment under Section 106(2) with a maximum imprisonment of 10 years.
Protests Against the New Hit-and-Run Law: A Debate
The introduction of Section 106(2) of the BNS has sparked widespread protests among truck drivers and transporters across India. The trucking community is resisting the new law, which imposes a penalty of up to 10 years in jail and a fine for fleeing an accident spot and failing to report the incident to a police officer or a magistrate.[xiii]
The protests, which affected multiple states including Maharashtra, Chhattisgarh, West Bengal, and Punjab, were demanding the withdrawal or amendment of Section 106(2) of the Bharatiya Nyaya Sanhita (BNS). The truck drivers argued that while strict action in hit-and-run cases is necessary, the new law has several flaws that need reconsideration. They claimed that the law is too harsh and didn’t differentiate between rash and negligent driving as two separate types of offences with different degrees of liability.
One of the primary concerns of the truck drivers was the fear of mob violence and harsh working conditions. They argued that the new law does not take into account the circumstances that may lead to a driver fleeing the scene of an accident. Additionally, they pointed out that the law does not provide any exceptions for drivers who may be forced to flee due to safety concerns or other reasons.
On the other hand, the government’s intention behind introducing the new law is to deter hit-and-run incidents, which have been a major concern in our country. India recorded the highest number of road crash fatalities in 2022, with over 1.68 lakh deaths.[xiv] This translates to an average of 462 deaths per day. Alternatively, it can be stated that one person dies every 3 minutes due to road crashes in India Therefore, it was necessary to bring more stringent laws to prevent such cases.
The Hit-and-Run Conundrum: Unresolved Issues
The new hit-and-run law in Section 106 of the Bharatiya Nyaya Sanhita (BNS) has raised several concerns. Some of the key issues are:
- The law provides a reduced punishment of up to 2 years for registered medical practitioners who cause death while performing medical procedures, but this exception has been criticized for being unfair to other people.
- The law does not clearly distinguish between negligent and rash driving, which could lead to confusion and inconsistent application of the law.
- The punishment of up to 10 years in jail for fleeing an accident scene has been criticized for being excessive and disproportionate to the crime.
- Drivers are hesitant to stop and provide aid at accident scenes due to the fear of being attacked by angry mobs, tedious procedure and the unpleasant behaviour of police and other government officials.
[i] Ins. by Act 27 of 1870, s. 12
[ii] State Of Maharashtra v. Salman Salim Khan & Anr., 2004 AIR SCW 81
[iii] Indian Penal Code 1860, Section 279
[iv] Indian Penal Code 1860, Section 304A
[v] Indian Penal Code 1860, Section 337
[vi] Indian Penal Code 1860, Section 338
[vii] State v. Sanjeev Nanda, (2012) 8 SCC 450
[viii] The Bharatiya Nyaya Sanhita, 2023
[ix] National Crime Records Bureau, Crimes in India 2022, 1st December 2023, https://ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf
[x] The Bharatiya Nyaya Sanhita (BNS) 2023, Section 106(1)
[xi] The Bharatiya Nyaya Sanhita (BNS) 2023, Section 106(2)
[xii] The Motor Vehicles Act 1988, Section 134
[xiii] ‘Truckers strike: Home Ministry seeks to pacify truckers protesting new hit-and-run law’, The Hindu (2 January 2024) https://www.thehindu.com/news/national/amid-nationwide-strike-by-drivers-and-transporters-on-increased-punishment-in-hit-and-run-cases-mha-meets-transport-body/article67698427.ece
[xiv] NCRB, Crimes in India 2022 (n 9)