Bharatiya Nyaya Sanhita, 2023 (BNS), a proposed law set to replace the colonial-era Indian Penal Code of 1860, has stirred controversy among India’s transportation and commercial driving sector. Specific opposition centers around Section 106 (2) of the BNS, which lays out severe penalties for hit-and-run incidents triggering widespread protests from drivers in numerous states including Maharashtra, Chhattisgarh, West Bengal, and Punjab.
The Government Response and Protest Suspension
In response to these growing protests and a nationwide truckers’ strike, the government has pledged to consult stakeholders before implementing this contentious law, leading to the temporary suspension of strike action.
Understanding the Hit-and-Run Law Provisions
Section 106 (2) of the BNS outlines a penalty of up to 10 years in jail and an undisclosed fine for fleeing an accident site without reporting to a police officer or magistrate. However, under Section 106(1), if a driver promptly reports the incident, the punishment is reduced to a maximum of five years for causing death by any rash or negligent act not amounting to culpable homicide.
The Need for a New Law
The introduction of BNS is a reaction to unsettling statistics related to road accidents in India. In 2022, India experienced a 12% increase in road accidents, equivalent to 462 deaths daily, with a significant proportion occurring on national and state highways, representing less than 5% of total road networks.
Principle Underlying the New Law
BNS aims to deter rash and negligent driving and impose penalties on those who fail to render assistance or report incidents. This aligns with existing laws such as Section 134 of the Motor Vehicles Act, which mandates drivers to secure medical attention for injured parties unless impractical due to reasons beyond their control.
Protesters’ Concerns Over Section 106(2)
Transporters and commercial drivers are demanding changes to Section 106 (2) of the BNS, highlighting that the penalty is harsh and fails to consider the challenging conditions under which they work. Other concerns include possible misuse by law enforcement authorities, unfair treatment of drivers, and lack of differentiation between rash and negligent driving.
Way Forward: Stakeholder Involvement and Law Revision
A potential way forward would be to hold comprehensive consultations with all stakeholders, especially drivers and transport associations. The government should also establish a clear and standardized protocol for emergency response that emphasizes the importance of reporting without exposing drivers to potential violence. Moreover, the law needs to differentiate between types and outcomes of accidents and penalties should correlate with the severity of the offense.
Investing in Road Infrastructure
There’s a need for improved road infrastructure, visibility measures, and safety features to mitigate accidents and reduce the likelihood of hit-and-run incidents. Studying and incorporating successful models from other countries could also help improve India’s approach to these issues.