Understanding The Controversy Surrounding 'Hit and Run' Provision Under BNS

Overview: The Bhartiya Nyaya Sanhita's (BNS) recently developed hit-and-run regulation, which significantly increases penalties for drivers fleeing accident scenes, has sparked widespread protests among truck drivers. This controversial law contrasts sharply with the longstanding Indian Penal Code of 1860.

Previously, under Sec. 304A of the Indian Penal Code, the maximum penalty for hit-and-run offenses was two years of imprisonment. However, under the new BNS regulation, this has escalated to a severe ten-year term, along with a hefty fine of ₹7 lakh. This drastic increase in penalties reflects the government's intensified efforts to address the perennial issue of hit-and-run accidents in India, which reportedly cause over 50,000 deaths annually.

Introduction to the 'Hit and Run' Provision

Aimed at reducing these fatalities, the BNS law imposes far stricter punishments to enhance driver liability, applicable to private vehicle owners as well. The new legal framework prioritizes the victims, granting them a more significant role in the judicial process against offenders. This victim-centric approach is designed to ensure just and fair legal proceedings in hit-and-run cases.

However, this stringent law has not been well-received by a section of the transport community. Truck drivers, in particular, are voicing strong opposition, deeming the new penalties as excessively harsh and financially crippling. They argue that the law could lead to financial ruin, especially in cases of wrongful accusations, with the potential of a decade-long imprisonment.

The All-India Motor Transport Congress has expressed its disapproval of these new measures, calling for their immediate revocation. In response, the Government of India has maintained its stance, emphasizing that the laws are crucial for enhancing road safety and reducing accidents.

Despite the ongoing protests, the government remains firm on its decision, showing no signs of retracting the new hit-and-run regulation under the Bhartiya Nyaya Sanhita. This standoff underscores the complexities of balancing stringent legal measures with the concerns of those directly impacted by such laws.