Hit and Run Law: Day 2 of truckers across the nation staging a protest due to a new law about hit-and-run accidents has caused disruptions. Reports mention protestors blocking roads, leading to concerns about fuel shortages.
This ongoing truckers’ protest has raised worries about limited petrol and diesel availability, prompting panic buying. On Tuesday, images circulated of people lining up at fuel stations, anxious about a potential fuel crisis.
What’s the exact reason behind the truck drivers’ protest? It revolves around a specific provision in the recently introduced Bharatiya Nyaya Sanhita, which replaces the old Indian Penal Code from the British era. The contentious provision deals with hit-and-run accidents, and it’s this particular rule that has stirred the truck drivers’ opposition.
What is the Hit and Run Law?
Under the recently enacted Hit and Run Law legal provisions, a driver who, due to reckless and careless driving, causes someone’s death and then leaves the scene without informing the authorities may face imprisonment for a maximum of 10 years and/or be subject to a fine.
According to Section 106 (2) of the updated Bharatiya Nyaya Sanhita, individuals responsible for causing a person’s death through negligent driving, which doesn’t amount to culpable homicide, and who flee without reporting the incident to a police officer or magistrate, can be punished with imprisonment for a term of up to ten years and may also be fined.
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Why Is Hit and Run Law Introduced?
India has recently enacted a new law, known as Hit and Run Law, to tackle the pressing issue of hit-and-run accidents and their aftermath. The primary objectives behind this legal initiative are:
- Reducing Hit-and-Run Incidents: The law aims to bring down the alarming number of hit-and-run accidents in India, a major contributor to approximately 50,000 annual fatalities.
- Enhancing Accountability: To hold individuals accountable for such incidents, the law imposes stricter penalties. Offenders may face up to 10 years in prison and a fine of ₹7 lakh, emphasizing the need for responsible driving.
- Modernizing Legal Framework: This new legislation replaces the outdated British-era Indian Penal Code (IPC) and introduces comprehensive changes to the criminal justice system. This includes revisions to the Criminal Procedure Code (CrPC) and the Evidence Act.
- Empowering Victims: Victims now have the right to express their views during trials, contributing to a fairer legal process. This provision aims to ensure justice for those impacted by hit-and-run accidents.
- Advocating Road Safety: By imposing stringent penalties, the law seeks to foster a culture of road safety and deter hazardous driving practices. The ultimate goal is to create safer road environments and discourage reckless behavior on the streets.
Truckers and Bus Drivers Protests
Truck drivers nationwide are rallying against a recent change in the Hit and Run Law, which replaces the Indian Penal Code and imposes strict penalties. The All India Motor Transport Congress is urging the repeal of this law, expressing concerns about potential harassment.
Drivers argue that the law is overly harsh, with exorbitant fines causing financial strain and dissuading both existing and prospective drivers. There’s a worry that false accusations and unforeseen accidents could result in unjust 10-year sentences.
This protest has led to significant disruptions in transportation and supply chains, with over 70% of the estimated 1.20 lakh trucks, tempos, and containers in Mumbai staying off the roads. This could potentially affect the distribution of fuel and essential goods.
The three-day strike is anticipated to impact the availability of these crucial commodities. Similar protests are unfolding in various parts of the country, emphasizing the serious implications for truck drivers’ livelihoods and the industry’s future due to this new legislation. The protests also shed light on concerns about fairness and unintended consequences stemming from the law.
Will the Government Withdraw the New Hit and Run Law?
The Indian government has not shown any signs of retracting the recently implemented hit-and-run law. This law, part of the Bharatiya Nyaya Sanhita, aims to tackle the serious issue of hit-and-run accidents and their aftermath.
Under this law, stricter penalties are in place for drivers who flee accident scenes, including up to 10 years of imprisonment and a fine of ₹7 lakhs. The government underscores that the primary goal of this law is to reduce the number of hit-and-run incidents, which currently contribute to approximately 50,000 deaths in India annually.
Despite facing opposition and protests, particularly from truck drivers, the government has not issued any official statements about reconsidering or withdrawing the law. The All India Motor Transport Congress has expressed reservations about these new provisions, advocating for their recall. However, the government has not signaled any inclination towards revisiting or repealing the law.
What Used to Happen Before Hit and Run Law?
The old Indian Penal Code (IPC) from the British era didn’t specifically address hit-and-run incidents. Instead, such cases fell under Section 304A of the IPC.
As per this section, if someone causes another person’s death due to a reckless or negligent act, they could face a maximum prison term of two years or a fine.
The section reads, “Anyone causing the death of a person through a reckless or negligent act not amounting to culpable homicide shall face imprisonment for up to two years, a fine, or both.”
All hit-and-run cases and other activities leading to death due to a “rash and negligent act” were categorized under Section 304A of the IPC.
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Hit and Run Law FAQs
Q.1. What is the main reason behind the truckers’ protest?
Ans. The truckers are protesting a new law, part of the Bharatiya Nyaya Sanhita, which introduces stricter penalties for hit-and-run accidents. The provision in question may lead to imprisonment for up to 10 years and fines.
Q.2. What does the Hit and Run Law entail?
Ans. The law, outlined in Section 106 (2) of the Bharatiya Nyaya Sanhita, focuses on individuals causing deaths through negligent driving but not amounting to culpable homicide. Offenders who flee the scene without reporting to authorities may face up to ten years in prison and fines.
Q.3. Why was the Hit and Run Law introduced?
Ans. The law aims to address the high number of hit-and-run accidents in India, emphasizing accountability and road safety. It replaces the outdated British-era Indian Penal Code, introducing comprehensive changes to modernize the legal framework.
Q.4. What penalties does the new law impose?
Ans. Offenders may face imprisonment for up to 10 years and a fine of ₹7 lakhs under the Hit and Run Law, emphasizing the need for responsible driving and accountability in case of accidents.
Q.5. How does the law empower victims?
Ans. Victims now have the right to express their views during trials, contributing to a fairer legal process and ensuring justice for those impacted by hit-and-run accidents.
