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Apoorva Devanshi
Guest
The recently passed Bharatiya Nyaya Sanhita (BNS) has a new provision for hit-and-run cases. Under the new law, Hit-and-Run accidents carry stricter penalties- upto 10 years in prison and a fine of Rs 7 lakh. This infuriated truck drivers who took to the streets across the country to demonstrate against the law. They referred to it as the “Black Law.”
The agitation began in Navi Mumbai following an argument between a truck driver and a police officer in Nerul. It soon turned into a clash and the police had to use force to disperse the enraged crowd on the Mumbai-Bengaluru Highway after the officer sustained injuries. The protest soon spread across states like Madhya Pradesh, Chhattisgarh and Rajasthan.
The chairman of the All India Motor Transport Congress (AIMTC) stated that they will not allow the law to be implemented. The protest was cancelled following a meeting with the Union Home Secretary.
The Bharatiya Nyaya Sanhita(BNS) has created two separate categories within the universal set of “Death by Negligence.”
While truck drivers are their unions are protesting against the new law calling it draconian. Lets first find out whether Bharat really needs such a Law!?
Lets first take a look at Data related to Road accidents as reported by Ministry of Road Transport and Highways-
Advantages of the New Hit and Run Law-
In the past, defendants in hit-and-run cases were tried under Section 304A of the Indian Penal Code, which carried a maximum two-year imprisonment upon identification.
In a country like ours, where most of the accidents occur at night. The offender flees easily because of lack of eyewitnesses, evidence and reduced visibility. Thus the government should take steps to install “surveillance cameras” on roads. It should make installation of “Dash Cams” mandatory in all cars.
Moreover, there’s a general apathy among public in such cases. Eyewitnesses and Passerby refrain from reporting hit and run cases because of legal hassles. Though the government in the new Bharatiya Nyaya Sanhita has created a provision mandating states to create witness protection schemes for safeguarding witnesses. The new law should codify the provisions related to arrests and bail and take steps to fill infrastructural gaps. It also needs to fix official accountability for its successful implementation.
The introduction of the new Bharatiya Nyaya Sanhita represents a significant shift towards more victim centric laws in Bharat. This change reflects greater commitment of the government towards ensuring accountability and justice in the face of such offences. This provision in the new law aligns with their efforts to improve road safety and addresses the grave consequences of hit-and-run cases on victims and society. Overall, the new clause of Hit and run is worth trying.
The post Unraveling The New Hit And Run Law! appeared first on The Jaipur Dialogues.
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The agitation began in Navi Mumbai following an argument between a truck driver and a police officer in Nerul. It soon turned into a clash and the police had to use force to disperse the enraged crowd on the Mumbai-Bengaluru Highway after the officer sustained injuries. The protest soon spread across states like Madhya Pradesh, Chhattisgarh and Rajasthan.
The chairman of the All India Motor Transport Congress (AIMTC) stated that they will not allow the law to be implemented. The protest was cancelled following a meeting with the Union Home Secretary.
What’s the New Hit-and-Run Law?
The Bharatiya Nyaya Sanhita(BNS) has created two separate categories within the universal set of “Death by Negligence.”
- Offences Under Section 106(1)– Death caused by rash or negligent driving not amounting to culpable homicide falls under the first category. Authorities could fine and imprison offenders in this category for up to five years.
- Offences Under Section 106(2)– The second category not amounting to culpable homicide, addresses death caused by negligent and rash driving. The person faces up to ten years in jail and a fine if they flee without informing a police officer or magistrate about the incident right away.
- If a person notifies the police or a magistrate, as stated in Section 106(1). Then the court can have a ground to presume that the act was unintentional. This is because intention is a key component of presumption.
While truck drivers are their unions are protesting against the new law calling it draconian. Lets first find out whether Bharat really needs such a Law!?
Do we Need It!?
Lets first take a look at Data related to Road accidents as reported by Ministry of Road Transport and Highways-
- In 2022, the police departments of all the states and union territories (UTs) reported a total of 4,61,312 road accidents. Resulting in 4,43,366 injuries and 1,68,491 fatalities.
- Nature of Road accidents- Rash Driving/ Overspeeding is the major reason. It accounts for 71.2%. Driving on the wrong side accounts for 5.4% of fatalities.
- As per recent data of 2022, “Head on Collision” and “Others” accounted for 16.9% and 16.5% of all accidents, respectively. “Hit from Back” accounting for the largest portion (21.4%).
- The data revealed that roughly 53 road accidents happen every hour in Bharat, resulting in death of 19 people every hour.
- Data from 2022 refutes popular opinion, revealing that trucks and lorries are actually the second most common cause of road accident deaths overall.
Advantages of the New Hit and Run Law-
- Will help curb Hit-and-Run Accidents in which Approximately 50,000 people die every year.
- Promotes Accountability- Tighter penalties will encourage drivers involved in these kinds of accidents to take greater responsibility and accountability for their actions.
- Modification of the Criminal Justice System is Necessary- The Indian Penal Code (IPC), which dates back to the British era, requires replacement with the new law. It completely overhauls the criminal justice system by amending the Evidence Act and the Criminal Procedure Code (CrPC).
- More Victim centric- The new law gives victims the ability to testify during trials and the right to seek prompt compensation. This will make the legal system more equitable for those affected by hit-and-run cases.
- Will Encourage Traffic Safety: Stricter penalties would discourage rash driving and would promote road safety.
Comparison-
In the past, defendants in hit-and-run cases were tried under Section 304A of the Indian Penal Code, which carried a maximum two-year imprisonment upon identification.
Way Ahead-
In a country like ours, where most of the accidents occur at night. The offender flees easily because of lack of eyewitnesses, evidence and reduced visibility. Thus the government should take steps to install “surveillance cameras” on roads. It should make installation of “Dash Cams” mandatory in all cars.
Moreover, there’s a general apathy among public in such cases. Eyewitnesses and Passerby refrain from reporting hit and run cases because of legal hassles. Though the government in the new Bharatiya Nyaya Sanhita has created a provision mandating states to create witness protection schemes for safeguarding witnesses. The new law should codify the provisions related to arrests and bail and take steps to fill infrastructural gaps. It also needs to fix official accountability for its successful implementation.
Final Thoughts-
The introduction of the new Bharatiya Nyaya Sanhita represents a significant shift towards more victim centric laws in Bharat. This change reflects greater commitment of the government towards ensuring accountability and justice in the face of such offences. This provision in the new law aligns with their efforts to improve road safety and addresses the grave consequences of hit-and-run cases on victims and society. Overall, the new clause of Hit and run is worth trying.
The post Unraveling The New Hit And Run Law! appeared first on The Jaipur Dialogues.
Continue reading...