The Indian Express Editorial “Protesting new hit and run law, truckers dial down after talks with Home Secretary”
The new hit and run law under the Bharatiya Nyay Sanhita imposes stricter penalties for hit-and-run cases, with up to 10 years of imprisonment and a fine of Rs 7 lakh, as protested by truck drivers in India.
Data for Hit and Run Cases in India (2022)
- Total Road Accidents: 1,65,121
- Hit and Run Cases in India: 24,309 (14.6% of total accidents)
- Fatalities in Hit-and-Run Cases: 13,056 (18.1% of total road deaths)
- Cases Solved: 2,408 (10% of hit-and-run cases)
Need for Introduction of New New Hit and Run Law?
- To Reduce Hit-and-Run Accidents: So 50,000 lives can be saved annually.
- To Enhance Accountability and Responsibility By imposing stricter penalties on drivers involved in such accidents.
- To Make Required Changes to the Criminal Justice System: The new law will replace the British-era Indian Penal Code (IPC) and make overhauling changes to the criminal justice system, including changes to the Criminal Procedure Code (CrPC) and the Evidence Act.
- More Rights for Victims: Like the right to quick compensation and the right to speak during trials, which will ensure a fairer legal process for affected persons of hit-and-run accidents.
- To Promote Road Safety and discourage dangerous driving behavior.
Why Are Truck Drivers Protesting Against New Hit and Run Law?
- Truck drivers across India are protesting against the new hit-and-run law due to its harsh and strict penalties. For them, fines are too high, leading to financial hardship.
- Discouraging Action: Such an action will discourage current drivers and deter new drivers to the profession.
- Fear of False Accusation & its Strict Bearing: False accusations and accidents beyond their control could lead to unfair 10-year sentences.
Why Truck Drivers Demand Roll-Back of New ‘Hit and Run Law?
- The All India Motor Transport Congress has expressed concern about the new provisions and has called for their recall, but the government has not responded with any indication of withdrawal.
Compare Old Provisions with New Hit and Run Cases Law
| Feature | Old Provisions (IPC) | New Provisions (Bhartiya Nyaya Sanhita) |
| Dedicated Clause | No specific clause, covered under Section 304A | Specific clause: Section 106(2) |
| Maximum Jail Term (Death Caused) | 2 years | 10 years |
| Maximum Jail Term (No Scene Fleeing) | 2 years | 7 years |
| Fine (Death Caused) | Up to ₹2,000 | Up to ₹7 lakh |
| Fine (No Scene Fleeing) | Up to ₹2,000 | Up to ₹5 lakh |
| Leaving Accident Scene | Not explicitly included in penalty for Section 304A | Separate penalties for fleeing the scene: Up to 10 years imprisonment and 7 lakh fine |
| Vehicle Impoundment | Not mentioned | Possible vehicle seizure or confiscation |
| Focus | Punishment for causing death due to rash/negligent driving | Increased accountability for both causing death and leaving the scene of an accident |
Way forward
- Mandatory Dashboard Cameras: India needs to install dashboard cameras, commonly known as “dash cams” to provide evidence in the event of accidents.
- Curbing Fake Driver License: Majority of Indian Driver have Limited knowledge of traffic rules.
- Controlling Bureaucratic and Trucker Nexus
- Fix up Infrastructural Gaps: Government needs to work towards infrastructure development and improvement, a major cause of accidents and deaths.
- Accountability: Officials accountability needs to be fixed to gain positively in terms of road accidents and deaths.
Conclusion:
The nationwide protests by truck drivers against the new hit-and-run law in India highlight the need for a balanced approach, considering the concerns of stakeholders while emphasizing the importance of enhanced road safety measures and infrastructure development.