Gavin Howe
India has one of the highest numbers of road accidents globally, with road crashes causing an annual economic loss of 5-7% of its GDP. In 2022, the National Crime Records Bureau recorded 47,806 hit-and-run incidents, resulting in 50,815 deaths. To address this, India introduced stricter hit-and-run laws in December 2023, as part of the Bhartiya Nyaya Sanhita (BNS). The new law has two levels of offences: Section 106(1) encourages drivers to report accidents and help victims, with a punishment of up to 5 years' imprisonment and a fine; and Section 106(2) imposes stricter punishments of up to 10 years' imprisonment and a fine for drivers who flee the scene. However, the law has sparked protests from truck drivers and transporters, who argue that it has several flaws and does not address their concerns about mob violence and inconsistencies with existing regulations.
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What You'll Learn
The new law
India has one of the highest numbers of road accidents in the world, with road crashes causing an annual economic loss of 5-7% of its GDP. Hit-and-run cases are a significant contributor to this crisis, with drivers fleeing the scene without helping the victim or informing the authorities.
In December 2023, the Indian government introduced a new legal provision, the Bhartiya Nyaya Samhita (BNS), to address this growing problem. The BNS replaces the older Indian Penal Code (IPC) of 1860 and the Motor Vehicles Act, which had lenient provisions that highlighted the need for stricter laws.
Section 106(1): If a driver reports the accident to the nearest police station or a magistrate, they may be punished with up to 5 years of imprisonment and a fine. This section acknowledges the driver's accountability even if an offence has occurred.
Section 106(2): If a driver flees the scene without reporting, they will face stricter punishment of up to 10 years of imprisonment and a fine. This is a significant increase from previous laws, where penalties were mild and rarely strictly enforced.
Concerns and Protests
While the new law aims to address the high number of hit-and-run cases in India, it has sparked widespread protests, particularly from commercial vehicle and truck drivers. There are concerns about the severity of the penalties, with 10 years of imprisonment for not reporting seen as too harsh, especially when the death is unintentional. Drivers fear mob violence and prefer to escape rather than risk physical harm.
Protesters argue that the law violates Article 20(3) of the Indian Constitution, which protects individuals from self-incrimination. There are also worries about potential misuse by law enforcement or victims' families, inconsistencies with existing regulations, and a lack of safety provisions against mob violence.
To address these concerns, the government has assured drivers that all stakeholders will be consulted before implementing the hit-and-run law, and improvements to road infrastructure and safety features have been suggested to mitigate accidents and reduce the likelihood of hit-and-run incidents.
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Protests and concerns
The focal point of discontent is Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), which stipulates severe penalties for hit-and-run incidents. Protestors argue that while strict action is necessary in such cases, the new law has flaws that need reconsideration. They demand the withdrawal or amendment of Section 106 (2), threatening a nationwide strike if their demands are not met.
The specific concerns raised by protestors include the excessive severity of penalties, with a maximum of 10 years' imprisonment and a fine deemed disproportionately harsh. They argue that the law fails to consider the challenging work conditions of drivers, such as long driving hours and difficult roads. Additionally, they highlight the frequent blaming of large vehicles by police without thorough investigations, and the risk of facing violent mobs at accident scenes.
The protests have garnered support from various transport associations and drivers' groups, with the All India Motor & Goods Transport Association also calling for consultations with stakeholders before implementing such laws. The high number of road crash fatalities in India, with a 12% increase in 2022, further complicates the issue.
The government has responded by assuring that it will consult stakeholders before implementing the contentious law, and the countrywide truckers' strike has been called off for now. However, the ongoing debate and concerns highlight the need for careful consideration and potential amendments to the law to address the concerns of all stakeholders.
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Previous legislation
Before the introduction of the Bhartiya Nyaya Samhita (BNS) in December 2023, hit-and-run cases in India were governed under the Motor Vehicles Act, 1988, and the Indian Penal Code (IPC). The IPC, established in 1860 during the colonial era, included a provision of only two years' jail time for a driver who causes someone's death due to rash driving.
The lenient provisions under these laws, coupled with the increasing cases of road accidents in India, highlighted the need for stricter legislation. India, with only 1% of the world's vehicles, contributes to about 10% of crash-related deaths and suffers an annual economic loss of 5-7% of its GDP due to road crashes. The National Crime Records Bureau recorded 47,806 hit-and-run incidents in 2022, which resulted in the deaths of 50,815 people.
To empower victims of road crashes and grant compensation, stricter provisions were deemed necessary. The Motor Vehicles (Amendment) Act, 2019, was enacted, providing for compensation of Rs 2 lakh for victims of hit-and-run accidents resulting in death and Rs 50,000 for grievous hurt. However, this compensation is not recoverable from the drivers under the new BNS law.
The previous legislation, particularly the IPC, was seen as inadequate in deterring rash and negligent driving and holding drivers accountable. The new BNS law, consisting of 358 sections, aims to address these concerns and modernise India's criminal justice system.
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Road infrastructure
India has only about 1% of the world's vehicles, yet it accounts for approximately 10% of crash-related deaths. This equates to an annual economic loss of 5-7% of its GDP due to road crashes. In 2022, India recorded 47,806 hit-and-run incidents, resulting in 50,815 deaths. To address this issue, the Indian government introduced stricter road safety policies and infrastructure improvements.
The development of safe roads that connect destinations and cities is a critical component of India's infrastructure advancement. This is especially important given the country's population of over 1 billion people and the increasing number of vehicles on the roads.
One of the key challenges in improving road infrastructure is the diverse and challenging terrain of India, which includes hilly areas and regions prone to rainy seasons and snowfall. These environmental factors increase the risk of road traffic injuries, particularly when roads are wet and slippery.
To enhance road infrastructure, India has implemented or proposed several measures:
- The Ministry of Road Transport and Highways has been working on various projects to improve road safety, including the development and expansion of national highways, state highways, and rural roads. These projects aim to improve road conditions, signage, and safety features such as guardrails and speed breakers.
- There is a focus on improving road connectivity between cities and rural areas, reducing travel time, and enhancing road safety through initiatives like the Bharatmala Pariyojana and the Sagarmala Programme.
- To reduce the load on road transport and improve safety, there is a push for the development of mass transport systems using rail infrastructure, including monorails and metro rails.
- The implementation of intelligent transportation systems (ITS) and smart traffic management solutions, such as traffic signal synchronization and the use of sensors and cameras for better traffic monitoring and control.
- Improved street lighting and road markings to enhance visibility and safety for drivers and pedestrians.
- The construction of grade-separated crossings, flyovers, and underpasses at busy intersections to improve traffic flow and reduce the risk of accidents.
- Initiatives like the National Highway Development Programme (NHDP) and the Golden Quadrilateral Project have been implemented to upgrade and expand the national highway network, incorporating improved safety features and infrastructure.
While these measures are steps in the right direction, effective implementation and sustained investment in road infrastructure are crucial to ensuring safer roads in India.
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Global context
India has one of the highest numbers of road accidents in the world, with thousands of people losing their lives on Indian roads annually. In 2022, India registered the highest count of road crash fatalities, exceeding 1.68 lakh deaths, averaging 462 deaths daily. Despite a 5% global decrease in road fatalities, India witnessed a 12% increase in road accidents and a 9.4% rise in fatalities. With only 1% of the world's vehicles, India accounts for about 10% of crash-related deaths and an annual economic loss of 5-7% of its GDP due to road crashes.
To address this growing problem, the Indian government introduced a new legal provision, the Bharatiya Nyaya Sanhita (BNS) in December 2023, which replaces the Indian Penal Code (IPC) and the Motor Vehicles Act. The BNS aims to modernize India's criminal justice system and make it more effective and just. It introduces stricter punishments for drivers who flee the scene of an accident, with penalties of up to 10 years imprisonment and a fine. This is a significant increase from the previous law, which had a maximum penalty of 2 years imprisonment and was rarely enforced strictly.
The new law in India is similar to the stringent laws for hit-and-run incidents in countries like the USA, UK, and Australia. These countries have comprehensive legislation in place to address hit-and-run cases and impose severe penalties on offenders. For example, in the United States, hit-and-run is a felony in many states, with penalties including substantial fines, jail time, and license suspension. In the UK, leaving the scene of an accident is a criminal offence, and drivers can face penalties such as fines, driving bans, and imprisonment. Australia also has strict laws, with penalties varying depending on the state and the severity of the offence, including fines, licence disqualification, and imprisonment.
By adopting stricter laws, India joins these countries in recognizing the seriousness of hit-and-run incidents and their impact on victims and society. The global trend towards stricter penalties reflects a shared understanding of the need to deter reckless driving, promote road safety, and ensure justice for victims.
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Frequently asked questions
The hit-and-run law in India is part of the Bhartiya/Bharatiya Nyaya Sanhita (BNS), which was introduced in December 2023. It replaces the Indian Penal Code (IPC) of 1860 and the Motor Vehicles Act.
The law has two levels of offences:
- Section 106(1): If the driver reports the accident to the police or a magistrate, they can be punished with up to 5 years of imprisonment and a fine.
- Section 106(2): If the driver flees the scene without reporting, they can be punished with up to 10 years of imprisonment and a fine.
India has a high number of road accidents and a high rate of road accident-related deaths. The previous laws were considered too lenient, and the new law aims to deter rash and negligent driving, hold drivers more accountable, and provide justice to victims.
There have been widespread protests against the new law, particularly from commercial vehicle drivers and transporters. Protestors argue that the law is too harsh and that it violates Article 20(3) of the Indian Constitution, which protects individuals from self-incrimination. There are also concerns about the risk of mob violence and inconsistencies with existing regulations.
There are concerns about the potential for misuse of the law by law enforcement agencies or victims' families. There is also a need for clarity on the reporting procedure and the evidence required, as well as improved road infrastructure to reduce accidents.
