Syllabus
GS Paper 2 – Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.
Context
Commercial drivers and transporters from states such as Maharashtra, Chhattisgarh, West Bengal, and Punjab have organized demonstrations in opposition to the newly enacted law related to hit-and-run incidents.
Provisions under new hit-and-run law
- Bharatiya Nyaya Sanhita (BNS): The hit-and-run provision is a part of the Bharatiya Nyaya Sanhita (BNS), which is set to replace the colonial-era Indian Penal Code, 1860.
- Section 106 (2) of the BNS, 2023: Section 106 (2) of the BNS, 2023 prescribes a penalty of up to 10 years in jail and a fine for leaving an accident scene and not reporting the incident to a police officer or a magistrate.
- Section 106(1) of the BNS, 2023: However, if the driver reports the incident immediately after the accident, they will be charged under Section 106(1) instead of Section 106(2). Section 106(1) provides for a punishment of up to five years for causing death by any rash or negligent act not amounting to culpable homicide.
Principle Underlying the Law
The law aims to deter drivers from rash and negligent driving that could result in fatalities.
- National Crime Records Bureau (NCRB) Statistics: In 2022, the National Crime Records Bureau (NCRB) reported 47,806 hit-and-run incidents, leading to the deaths of 50,815 individuals.
- Positive Obligation of the Offender: The law imposes a positive obligation on the offender to report such incidents to the police or a magistrate.
- Enforcement of Moral Responsibility: The law enforces a moral responsibility on the offender towards the victim of a road accident.
- Conversion of Moral Responsibility into Legal Duty: The transformation of moral responsibility into a legal duty is not a new concept in cases related to motor vehicle accidents.
- Section 134 of the Motor Vehicles Act, 1988: For example, Section 134 of the Motor Vehicles Act, 1988, mandates the driver to take all feasible steps to secure medical attention for the injured person, unless it is impractical due to mob fury.
Need for the law
- Increase in Road Accidents and Fatalities: India saw a 12% increase in road accidents and a 9.4% rise in fatalities year-on-year, even as there was a 5% global decrease in road crash deaths.
- Highest Count of Road Crash Fatalities: India recorded the highest number of road crash fatalities, with over 1.68 lakh deaths.
- Daily and Hourly Death Rate: On average, there were 462 deaths daily and 19 deaths every hour, which equates to nearly 1 death every 3 and a half minutes.
- Fatalities on National and State Highways: More than 50% of all road fatalities occurred on national and state highways, which constitute less than 5% of the total road network.
- India’s Share in Global Road Accidents: Despite having only 1% of the world’s vehicles, India accounts for about 10% of crash-related deaths. This results in an economic loss of 5-7% of its GDP annually due to road crashes.
Concerns and challenges
- Primary Concern: The main worry is the severe punishment of imprisonment and a fine for the drivers.
- Realities of Road Transport: The law does not align with the realities of road transport, failing to consider the challenging work conditions of drivers, including long driving hours and difficult roads. It also overlooks factors beyond the driver’s control, such as poor visibility due to fog.
- Scenario of Mob Violence: There is concern about the scenario of mob violence against drivers if they stop to assist the injured at accident sites.
- Potential Misuse by Law Enforcement: There are fears that the law may be abused by law enforcement agencies to the detriment of drivers.
- Principles of Equality: The law is seen as being against the principles of equality, with an exception under Section 106 (1) of the BNS for doctors, where the punishment will be up to 2 years with a fine.
- Mismatch with Existing Provision: There is a mismatch with the existing provision – Section 161 of the Motor Vehicles (Amendment) Act, 2019, which provides Rs 2 lakh compensation for victims of hit-and-run accidents and for grievous hurt it is Rs 50,000. Unlike Section 106 (2) of BNS, the compensation in this case is not recoverable from the drivers.
- Challenging Conditions: Drivers argue that the penalty is excessive and fails to consider the challenging work conditions, such as long driving hours and difficult roads. They also argue that accidents may be caused by factors beyond the driver’s control, such as poor visibility due to fog, and fear of mob violence against drivers if they stop to assist at accident sites.
- Perceived Unfair Blame: Drivers argue that they are often unfairly blamed for accidents, irrespective of the actual circumstances. The legislation’s punitive approach may exacerbate this perception of unfairness and contribute to a negative impact on the transport industry.
- Possible Misuse by Authorities: There are concerns that the law may be abused by law enforcement agencies and that the harsh penalties could hurt the transport industry as a whole.
- Unfair Treatment and Limited Categorization: The current legislation raises concerns about the fairness of penalties imposed on truck drivers and individual vehicle drivers. For instance, an exception has been made under Section 106 (1) of the BNS for doctors in the event of rash or negligent acts, where the punishment will be up to two years with a fine.
- Lack of Differentiation Section 106(2): lacks differentiation between rash and negligent driving, which are two distinct types of offences with different degrees of liability. They also contend that the section does not consider the contributory factors in negligent acts, such as the behaviour of commuters, road conditions, lighting on the road, and other similar factors, which may affect the driver’s responsibility.
- Other Issues: There are other issues, such as the lack of mention in the BNS about the fine being Rs 7 lakh, and despite an increase in the quantum of punishment, the offence has not been made non-bailable.
Way forward
- Moderation and Grading of Liabilities: The liabilities of a wide range of people working in different sectors should be moderated, similar to the approach taken with doctors.
- Separate Punishments for Different Acts: The law should provide separate punishments for acts of rash driving and negligent driving.
- Measures for Minor Injuries: For road accidents resulting in minor injuries, measures such as community service, revoking of driving licences, or mandatory driving retests could be imposed.
- Consideration of Contributory Factors: The law should consider contributory factors in negligent acts, such as the behaviour of commuters, road conditions, and lighting on the road.
- Standardized Emergency Response Protocol: A clear and standardized protocol for emergency response should be established, emphasizing the importance of prompt reporting without exposing drivers to potential violence.
- Differentiation of Accidents: The current hit-and-run law under Section 106 (2) of the BNS does not differentiate between different types and outcomes of accidents.
- Categorization Based on Liabilities: The law should be categorized on different scales based on liabilities, such as death, grievous hurt, simple hurt, or minor injuries, and the punishment should be commensurate with the offence.
- Clarification of Reporting Procedure: The law should clarify the reporting procedure and the evidence required for the drivers to prove their innocence or mitigating factors.
- Alternative Measures for Minor Injuries: Road accidents resulting in minor injuries should not be equated with criminal acts, but rather impose alternative measures such as community service, revoking of driving licences, or mandatory driving retests.
- Investment in Road Infrastructure: Investment should be made in improved road infrastructure, visibility measures, and safety features to mitigate accidents and reduce the likelihood of hit-and-run incidents.
- Incorporation of Successful Models: The law should study and incorporate successful models and best practices from other countries with effective hit-and-run legislation, adapting them to the Indian context.
Source: The Hindu
Practice Question
Examine the implications of India’s new hit-and-run law under the Bharatiya Nyaya Sanhita (BNS), 2023. Discuss its potential impact on road safety, the transport industry, and the rights of drivers. Suggest improvements to address any identified issues. [250 words]