Hit and run law has ignited a new line of protests by the truck drivers who feel apprehensive about the new provision that leads to 10 years of improvement and fine up to 7 lakh rupees.
Source: X
New Delhi: The truck drivers’ protests that gave a tumultuous start to the new year came to a halt after All India Motor Transport Congress’ (AIMTC’s) meeting with the government. AIMTC chief Amrit Lal Madan appealed to the protesters to end the strike after a meeting with MHA on Tuesday evening.
The provision of the new penal law had sparked protests in Maharashtra, Himachal Pradesh, Madhya Pradesh, and Chhattisgarh, resulting in road blockades and disruptions. Drivers took to the streets, demanding the withdrawal of this particular provision.
Drivers staged a demonstration in opposition to the heightened prison sentences for ‘hit-and-run’ incidents as stipulated in the recently implemented Bharatiya Nyaya (Second) Sanhita, 2023. These drivers assert that no one deliberately causes accidents, and their decision to flee the scene is driven by the fear of being harmed by an angry mob seeking retribution.
The drivers further stated that the newly implemented regulations would not only demoralize them but also instill a sense of apprehension regarding the security of their employment.
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Panic buying and Purchase Restrictions
As a result of the protests, concerns about a possible fuel shortage arose, leading to the observation of lengthy queues at petrol pumps in Mumbai and Nagpur. In view of the protests, Chandigarh administration announced new measures to regulate the sale of petrol and diesel at fuel stations. According to a statement on its website, two-wheelers will now be restricted to a maximum of 2 litres (with a maximum value of Rs 200) per transaction, while four-wheelers will be limited to 5 litres (with a maximum value of Rs 500) per transaction.
Hit and Run Law
As per the latest penal legislation, if a driver is found guilty of causing the death of an individual due to reckless and careless driving, and subsequently flees the scene without informing the authorities about the accident, they may face imprisonment for a maximum of 10 years and/or a fine of up to seven lakh rupees. This provision is outlined in Section 106 (2) of the newly enacted Bharatiya Nyaya Sanhita.
Source: X
Indian Penal Code (IPC)
The Indian Penal Code (IPC) during the British era did not include a dedicated provision for hit-and-run incidents. Instead, actions related to such cases were addressed under Section 304 A of the IPC. Under this section, individuals who caused the death of another person due to reckless or negligent behavior could face a maximum prison sentence of two years or be subjected to a fine. All instances of hit-and-run incidents, as well as other activities falling under the category of causing death through a “rash and negligent act,” were registered under Section 304 A of the IPC.
Bharatiya Nyaya Sanhita (BNS)
The Bharatiya Nyaya (Second) Sanhita, which was approved by the Lok Sabha in the winter session, aims to substitute the 164-year-old Indian Penal Code (IPC). It is currently under consideration for approval in the Rajya Sabha, along with two additional bills – the Bharatiya Nagarik Suraksha bill, 2023, intended to replace the Code of Criminal Procedure (CrPC), and the Bharatiya Sakshya Bill, 2023, designed to replace the Indian Evidence Act.
Some New Offences under BNS
Terrorism: The BNS incorporates a significant portion of the language used in defining “terror activities” from the strict Unlawful Atrocities Prevention Act, thereby encompassing terrorism within the realm of regular criminal law. A study conducted by the National Law School of India University, Bangalore reveals that the definition of a “terrorist” in the BNS draws inspiration from the Philippines Anti-Terrorism Act of 2020. Notably, the BNS encompasses a broader range of offenses related to terror financing compared to the UAPA.
Mob lynching: The provisions of the BNS establish specific crimes associated with mob lynching and hate-crime murders, applicable when a group of five or more individuals collectively commits murder based on factors such as race, caste, community, or personal beliefs. The punishment for such offenses ranges from life imprisonment to the death penalty.
