In recent times, truck drivers and transporters from states like Maharashtra, Chhattisgarh, West Bengal, and Punjab have taken to the streets to protest against a new law regarding hit-and-run incidents. The law, Section 106 (2) of the Bharatiya Nyay Sanhita, 2023 (BNS), has stirred controversy due to its stringent penalties, sparking concerns about fairness and practicality.
The Need for Change:
The law aims to address the alarming figures of road accidents in India, with over 1.68 lakh deaths recorded in 2022 alone. Despite a global decrease in road crash deaths, India witnessed a 12% increase in accidents and 9.4% rise in fatalities. The law’s purpose is to deter reckless driving leading to death and ensure offenders take moral responsibility by reporting the incident to authorities.
Exploring Section 106 (2) of BNS:
Section 106 (2) of the BNS outlines the legal consequences for individuals involved in hit-and-run incidents, particularly those who flee the scene without reporting the incident to a police officer or magistrate. The law introduces a two-fold penalty, involving both imprisonment and a monetary fine.
- Imprisonment: Offenders found guilty under Section 106 (2) face a potential imprisonment term of up to 10 years. This signifies a significant increase in the severity of punishment compared to existing laws and is aimed at deterring individuals from escaping legal consequences after causing fatal accidents.
- Monetary Fine: In addition to the imprisonment term, the law imposes a fine of ₹7 lakh on those who fail to adhere to their legal duty of reporting the hit-and-run incident. This financial penalty serves as an additional deterrent, emphasizing the gravity of the offense and the moral responsibility of the offender.
Protestor Concerns:
Transporters and drivers argue that the law imposes severe penalties without considering the challenging conditions they face, such as long driving hours and difficult roads. They believe accidents may occur due to factors beyond their control, like poor visibility caused by fog. The fear of mob violence against drivers who stop to assist at accident sites further fuels their discontent.
Is the Protest Justified?
Contrary to popular belief, Section 106 (2) of the BNS does not specify a ₹7 lakh fine. Additionally, the Motor Vehicles (Amendment) Act, 2019, compensates victims of hit-and-run accidents, but the compensation is not recoverable from drivers. The protesters emphasize the need for a fair and balanced approach, considering the diverse challenges faced by drivers.
Finding Middle Ground:
To address the concerns of truck drivers and transporters, a middle ground needs to be found. Revisiting Section 106 (2) and reconciling clauses can ensure that the law is fair to all parties involved. An exception made for doctors under Section 106 (1) raises questions of equality, suggesting a need for a more inclusive approach.
Differentiating Liability:
To avoid unfair treatment, the law should differentiate between rash and negligent driving, offering varying punishments based on the severity of the offense. This would prevent a one-size-fits-all approach, taking into account the circumstances surrounding each incident.