Asian Road Safety Academy



Opinion



Hit and Run Law vs. Drivers in India 


On the first day of the new year 2024, the most significant issue emerged—a massive chakka jam (strike) caused by commercial drivers which led millions of people struggling to reach their destinations. The chaos revealed the crucial contribution of drivers to efficiently run a country's transportation system. 


However, the question remains: Do both the nation and its citizens truly respect the rights of these drivers?
The answer is a resounding no. The current drivers strike and the underlying fear of potential harassment are results of this lack of recognition. 
Understanding the controversy around the Hit and Run Law is essential. Contrary to the negative sentiments, this law is vital and should have been implemented long ago, as demanded by families affected by road crashes and civil societies in India. 


In India, approximately more than 425 people lose their lives daily in road crashes, with nearly 5 times as many getting injured or disabled. Hit and run cases, where the drivers flee the scene, contribute significantly to these statistics, causing not only loss of life but also an annual economic loss of around 3% of the GDP. 


This, in turn, affects numerous women and children socially, leading to a considerable drop in education rates and increase in the rate of Child labour and women atrocities.


Under the current Motor Vehicles Act Section 134, drivers are legally obligated to ensure immediate hospitalization for the injured if they are capable. However, it's observed that many drivers, particularly in severe cases, escape, turning the accident into a potential "intent to murder" charge, which is a serious criminal offense.


According to the provisions of Bharatiya Nyaya Sanhita 
• Section 106(1) provides for a punishment of upto 5 years.

• Section 106(2) provides for a punishment of upto 10 years in 'hit and run' cases.
The duration of sentences in hit-and-run cases has been increased to 10 years because of the observations made by the Supreme Court.
• From sub-sections 106(1) and 106(2) of the BNS (Indian Penal Code), it is clear that: - If a person immediately reports to a police officer or magistrate about the accident caused by reckless driving the individual will not be charged under subsection 106(2).
Instead, the person will be charged under subsection 106(1), where the sentence is lesser, i.e. up to 5 years. Whereas sub-section 106(2) provides for a sentence of up to 10 years. Section 106(1) is still a bailable offence, while Section 106(2) has been made non-bailable.
Recognizing the rising road crashes and fatalities in India, a stringent law is crucial to take decisive actions against undisciplined drivers jeopardizing lives. The new law specifically targets unruly drivers and aims to bring about positive changes.
Then, why are commercial drivers protesting against it? For this understanding the existing system is crucial. The police investigation process for road crashes is often inefficient and unscientific, frequently blaming larger vehicle drivers and displaying eagerness to settle insurance claims in courts, regardless of fault.


While there have been some improvements in this system, substantial reforms are still needed. The fear of potential harassment from this flawed system has led drivers to oppose the new law.


However, revoking this law won't solve the real issues faced by drivers. 


Thus, I urge all drivers to join hands in demanding systematic solutions, such as reasonable travel times, appropriate payments, improved rest facilities on highways, driver welfare insurance plans, and acknowledgment for those adhering to traffic rules. 


Also the government must consider taking systematic steps to improve the conditions of drivers and systems before enacting such laws to protect drivers from possible harassment. This collaborative effort can build drivers trust with the government, ensuring due respect and recognition for drivers in the nation-building process.


In conclusion, rather than opposing laws, let's collectively ensure responsible road usage and contribute our bit in protecting lives on roads. 


Are you ready to adopt the principle of "Live and Let Live" in this new year?


✍️ Dr. Prerana Arora Singh




Dr. Prerana Arora Singh, Managing Director, ARSA PhD. In Road Safety Management