- By Kamal Kumar
- Thu, 04 Jan 2024 07:04 AM (IST)
- Source:JND
Hit-And-Run Law Debate: The first day of the new year 2024 witnessed India's road logistics and passenger transportation coming to a halt after the truckers announced to go on a mass strike against the new hit-and-run provision in the recently passed Bhartiya Nyay Sanhita (BNS) Act. The strike, which went on for two days, from January 1 to January 2, ended late last night when the members of the All India Motor Transport Congress (AIMTC) met representatives from the central government in Delhi.
It was only after the centre gave assurance to the transporters that new laws would be enacted only after deliberations with the All India Motor Transport Congress (AIMTC) that the protesting truckers hit the road on Wednesday morning.
What is India's new hit-and-run law, which led to such a massive outrage?
Under the new Bhartiya Nyay Sanhita, the statute replacing the colonial-era Indian Penal Code (IPC), drivers who cause a serious road accident by negligent driving and run away without informing the police or any official from the administration can face punishment of up to 10 years or a fine of Rs 7 lakh. In contrast, the earlier law prescribed only a jail term of two years. Private transport operators argue that the law prescribes severe punishment which can demotivate drivers. They claim that drivers might face mob violence while taking the injured to the hospital.
The text of section 106 (2), being touted as the new hit-and-run law, reads, "Whoever causes the death of any person by rash and negligent driving of a vehicle not amounting to culpable homicide and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine."
What are the hit-and-run laws across the globe?
1. United Kingdom: In the United Kingdom, a hit-and-run is considered a serious offence, with a maximum penalty of 14 years in prison and/or an unlimited fine. The person responsible for the act is also subject to a mandatory minimum driving disqualification of at least 2 years.
2. Canada: In the North American country, hit-and-run laws vary by province, but generally, it is a criminal offence. Penalties can include imprisonment, fines, and license suspension. As per Canada's criminal code, failing to stop after an accident could result in a maximum prison term of 10 years. If the accident leads to someone's death, the potential consequence is a life imprisonment sentence.
3. United States: The punishment for hit-and-run incidents varies based on state regulations and the gravity of the collision. Offenders may encounter misdemeanour or felony accusations, leading to long imprisonment and fines reaching $20,000 (approximately Rs 16 lakh). Additionally, there is a suspension of the driver's license.
4. UAE: In the UAE, leaving the site of an accident results in a jail term and/or a minimum fine of AED 20,000 (approximately Rs 45 lakhs), along with the suspension of the driver's license. It is mandatory for the driver to report the incident to the police within six hours in the Middle Eastern country.
5. France: In France, hit-and-run is considered a grave criminal offence. The penalty for hit-and-run cases is huge, set at 30,000 Euros (approximately Rs 27 lakh), along with a two-year prison term. The severity of the punishment is determined by factors such as the nature and extent of the damage or injuries caused.
Apart from the above-mentioned countries, many others, including China, Russia, and Australia, also prescribe severe punishment and penalties in such cases. In India, over 30,000 people die every year in such cases, necessitating a need for concrete action. In many cases of an accident, prompt medical care can prove to be life-saving, given the driver or the person responsible for the incident helps the victim.