- 10 Jun 2025
Law of Hit and Run in India
The law regarding hit and run cases in India has recently undergone a major transformation with the introduction of the Bhartiya Nyaya Sanhita of the year 2023. This new legal framework has been introduced to replace the older Indian Penal Code that was established during colonial rule. The primary objective of this change is to address the increasing number of road accidents and fatalities, particularly in cases where drivers leave the scene of an accident without helping the victims. Although the intention behind the law is to increase accountability and ensure road safety, it has led to nationwide protests from transporters and drivers who feel that the new penalties are too harsh and unrealistic.
What Are Hit and Run Cases
A hit and run case refers to an incident in which a driver causes an accident involving injury, death, or damage to property and then leaves the scene without providing assistance to the victim or reporting the matter to the authorities. These cases are considered extremely serious because of the legal and moral obligation that drivers have to help the injured and take responsibility for their actions. When drivers flee the accident scene, victims are often left unattended which may lead to death or severe injury due to the lack of timely medical help. Many drivers escape out of fear of police investigations, possible mob attacks, or potential legal consequences, which only worsens the impact on victims and hinders justice.
Hit and Run Laws in India: Past and Present
In the past, hit and run cases were managed under two main legal frameworks which were the Motor Vehicles Act of 1988 and the Indian Penal Code of 1860. According to Section 279 of the Indian Penal Code, rash driving that endangers human life was punishable by up to six months in prison or a fine. Section 304A dealt with causing death by negligence and allowed imprisonment of up to two years, a fine, or both. These penalties were seen as too lenient and failed to prevent the increasing number of such incidents. The Bhartiya Nyaya Sanhita introduced in the year 2023 has created a new legal structure that imposes stricter punishments and encourages responsible behavior by drivers involved in accidents.
Provisions of the New Law under the Bhartiya Nyaya Sanhita of 2023
The Bhartiya Nyaya Sanhita which came into effect in December of the year 2023 includes specific sections that address hit and run cases. Section 106 outlines two categories based on whether the driver reports the accident or not.
- Section 106 subsection 1 applies to drivers who report the incident to the nearest police station or magistrate. Such individuals may be punished with imprisonment for up to five years along with a fine.
- Section 106 subsection 2 applies to those who flee the accident site without informing the authorities. These individuals may face imprisonment for up to ten years and also a fine.
This distinction encourages drivers to take moral and legal responsibility by providing a reduced punishment for those who report the incident, while imposing a harsher sentence on those who evade accountability.
The Need for Stricter Laws: A Road Safety Crisis
India faces a serious road safety crisis. In the year 2022, nearly forty-eight thousand hit and run cases were reported, which resulted in over fifty thousand deaths. On average, India witnesses one death every three and a half minutes due to road accidents. Although national and state highways make up only five percent of the road network, they account for more than half of the deaths caused by road accidents. These alarming statistics demonstrate the urgent need for stricter laws and better enforcement in order to prevent further loss of life and ensure public safety.
Enhancing Accountability and Supporting Victims
The new law aims to create greater accountability among drivers and also provide support to victims. The older legal framework allowed only a maximum penalty of two years for causing death due to negligent driving. This was widely regarded as inadequate. By increasing the severity of punishments, the new law ensures that drivers are held responsible for their actions. It also seeks to support victims by improving the chances of immediate medical aid and justice. When drivers are required to report accidents and cooperate with the authorities, the response time for emergency services improves which can lead to saving lives and securing timely compensation for the victims.
Protests and Opposition to the New Law
Despite the intention to improve road safety, the law has been strongly opposed by many commercial drivers and transport workers across several states such as Maharashtra, Chhattisgarh, Punjab, and West Bengal. These protests have included strikes, roadblocks, and public demonstrations. Drivers have raised several concerns.
They believe that the ten-year imprisonment for fleeing the scene of an accident is too harsh especially in cases where the accident was unintentional. Many drivers fear being attacked by mobs at the site of the accident, which discourages them from staying to help the victim. There is also a concern that commercial drivers are often presumed guilty simply because of the nature of their work. Some have claimed that the requirement to report accidents may go against Article twenty clause three of the Constitution, which protects individuals from self-incrimination. Others argue that similar cases involving medical professionals attract lighter punishments which appears discriminatory. Moreover, the law does not take into account the challenges faced by drivers such as poor road conditions, extreme fatigue, or low visibility.
Moving Forward with Practical Reforms
The introduction of this new law is undoubtedly a step forward in improving road safety and enforcing accountability. However, it is equally important to acknowledge the real-life difficulties faced by commercial drivers and transport workers. The government's decision to postpone the implementation of the law and engage in discussions with concerned stakeholders is a welcome move. A balanced approach that considers both stricter enforcement and the practical challenges on the ground is essential.
Conclusion: A Step Towards Safer Roads
The hit and run provisions under the Bhartiya Nyaya Sanhita of 2023 mark a significant advancement in India’s legal approach to road safety. The law has the potential to reduce reckless driving, encourage responsible behavior, and provide quicker justice to victims. However, successful implementation depends on listening to the voices of all stakeholders, especially those most affected by the law. Through collaborative policymaking, awareness campaigns, better infrastructure, and legal safeguards, this law can create a fairer and safer road environment for everyone. With the right adjustments and community support, it can truly be a milestone in making Indian roads safer for all citizens.
