Context: This editorial is based on the news “Protesting new hit and run law, truckers dial down after talks with Home Secretary” which was published in the Indian Express. The new hit and run law under the Bharatiya Nyay Sanhita imposes stricter penalties for hit-and-run cases, with up to 10 years of imprisonment and a fine of Rs 7 lakh, which became a cause of protest by truck drivers in India.
Relevancy for Prelims: Data on Hit and Run Cases in India, and Provisions of New Hit and Run Law under the Bharatiya Nyay Sanhita for Hit-and-Run Cases.
Relevancy for Mains: New Law under the Bharatiya Nyay Sanhita for Hit-and-Run Cases- Needs, Challenges and Way Forward. |
Data for Hit and Run Cases in India (2022)
- Total Road Accidents: 1,65,121
- Hit and Run Cases in India: 24,309 (14.6% of total accidents)
- Fatalities in Hit-and-Run Cases: 13,056 (18.1% of total road deaths)
- Cases Solved: 2,408 (10% of hit-and-run cases)
To read more about road accidents, refer: Road Accidents In India, here
Need for Introduction of New New Hit and Run Law
- To Curb Hit-and-Run Accidents: As these cases annually claim around 50,000 lives.
- To Increase Accountability: By imposing stricter penalties, it will increase the accountability and responsibility of drivers involved in such accidents.
- To Make Required Changes to the Criminal Justice System: The new law replaces the British-era Indian Penal Code (IPC) and makes overhauling changes to the criminal justice system, including changes to the Criminal Procedure Code (CrPC) and the Evidence Act.
- More Rights for Victims: The new law grants victims the right to quick compensation, right to speak during trials, which can help ensure a fairer legal process for affected persons of hit-and-run accidents.
- To Promote Road Safety: By imposing stricter penalties, it would help in promoting road safety and discourage dangerous driving behavior.
Why Are Truck Drivers Protesting Against New Hit and Run Law?
- Harsh Penalties: Truck drivers across India are protesting against the new hit and run law due to its strict penalties. For them, fines are too high, leading to financial hardship.
- Discouraging Action: Such an action will discourage current drivers and deter new drivers to the profession.
- Fear of False Accusation & its Strict Bearing: False accusations and accidents beyond their control could lead to unfair 10-year sentences.
Why Truck Drivers Demand Roll-Back of New ‘Hit and Run Law?
- The All India Motor Transport Congress has expressed concern about the new provisions and has called for their recall, but the government has not responded with any indication of withdrawal.
A Comparison of Old Provisions with New Provisions for Hit and Run Cases
Feature |
Old Provisions (IPC) |
New Provisions (Bhartiya Nyaya Sanhita) |
Dedicated Clause |
No specific clause, covered under Section 304A |
Specific clause: Section 106(2) |
Maximum Jail Term (Death Caused) |
2 years |
10 years |
Maximum Jail Term (No Scene Fleeing) |
2 years |
7 years |
Fine (Death Caused) |
Up to ₹2,000 |
Up to ₹7 lakh |
Fine (No Scene Fleeing) |
Up to ₹2,000 |
Up to ₹5 lakh |
Leaving Accident Scene |
Not explicitly included in penalty for Section 304A |
Separate penalties for fleeing the scene: Up to 10 years imprisonment and 7 lakh fine |
Vehicle Impoundment |
Not mentioned |
Possible vehicle seizure or confiscation |
Focus |
Punishment for causing death due to rash/negligent driving |
Increased accountability for both causing death and leaving the scene of an accident |
The Path Ahead
- Implementation with Consideration: Government needs to consider the views of all associated stakeholders and make necessary changes accordingly if required and then implement the law in a strict and transparent manner.
- Mandatory Dashboard Cameras: Like foreign countries, India needs to install dashboard cameras, commonly known as “dash cams” to provide evidence in the event of accidents.
- Fix up Infrastructural Gaps: Government needs to work towards infrastructure development and improvement, a major cause of accidents and deaths.
- Accountability: Officials accountability needs to be fixed to gain positively in terms of road accidents and deaths.
Must Read: Road Safety Crisis in India: A Call for Urgent Action
Conclusion:
The nationwide protests by truck drivers against the new hit and run law in India highlights the need for a balanced approach, considering the concerns of stakeholders, while emphasizing the importance of enhanced road safety measures and infrastructure development.