Hit and run incidents have been on the rise in India as of late, prompting the introduction of new legal measures. The new measures implemented since 2023 under the Bhartiya Nyaya Sanhita (BNS) have aimed to curb hit and run accidents. In this article, we will examine what is the new hit and run law, how it aims to deal with negligent driving, other contributory factors of road accidents, why it is controversial amongst commercial drivers, and its overall impact on the transport industry.
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What is the New Hit and Run Law?
The Hit and Run Law in India, introduced as part of the Bhartiya Nyaya Sanhita (BNS), 2023, addresses the growing crisis of road crashes and fatalities. Recent statistics reveal a dire need for this reform. India recorded over 47,800 hit-and-run cases in 2022, leading to more than 50,800 road crash deaths and even larger numbers of major and minor injuries. With a total of 4.6 lakh road accidents reported that year, hit-and-run cases became one of the most concerning aspects of road safety in the country's vast and expanding road network.
The new law emphasizes stricter penalties to ensure accountability and deterrence from negligent driving. Those involved in hit-and-run incidents now face imprisonment of up to 10 years and fines of up to ₹7 lakh, marking the maximum punishment for such offences. Furthermore, the law requires drivers to report accidents immediately to the authorities, discouraging the common practice of fleeing accident scenes. To support victims and their families, enhanced compensation for victims has also been introduced.
The legislation also aims to tackle the issue of rash driving, a major contributor to road accidents and road fatalities. By focusing on the moral responsibility of drivers and imposing harsh penalties, the law seeks to instil a sense of moral and legal duty among road users.
Why is the New Hit and Run Law Controversial?
The new Hit and Run Law in India, introduced under the Bharatiya Nyaya Sanhita (BNS), 2023, has sparked significant controversy, particularly among commercial drivers. While the law aims to enhance driver accountability and reduce road accidents, its stricter penalties have led to widespread protests across the country.
One of the primary concerns is the severe punishment and stricter penalties outlined in the law. Drivers involved in hit-and-run cases face up to 10 years of imprisonment and fines of up to ₹7 lakh. Many commercial drivers argue that the severity of punishment might not always fit the crime, claiming these penalties are excessively harsh, especially for unintentional accidents caused by poor road conditions or unforeseen circumstances at accident sites. They fear that even minor incidents could result in life-altering consequences.
Protests among truck drivers have erupted in several states, such as West Bengal, Madhya Pradesh, Punjab and Chhattisgarh, where truckers and bus drivers have blocked highways and staged strikes. For instance, drivers organized "rasta roko" demonstrations in Maharashtra, disrupting traffic on major routes. Over 12,000 private bus drivers went on strike in Chhattisgarh, leaving commuters stranded. These protests highlight the frustration within the transport community over the perceived lack of consultation before implementing the law.
Another contentious issue is the provision for mandatory driving retests for offenders. While intended to ensure road safety, it's viewed as legislative violence against individual vehicle drivers, particularly those who rely on their licenses for their livelihood. Critics also point out that the law does not adequately address systemic issues such as inadequate infrastructure and poor road maintenance.
Despite its noble intentions, the Hit and Run Law has faced backlash for its perceived imbalance between driver accountability and fairness. Addressing these concerns will be crucial for its successful implementation.
Effects of the New Hit and Run Laws
Since the implementation of the Hit and Run Law under the Bharatiya Nyaya Sanhita (BNS), 2023, its effects on road safety and driver behavior have been mixed. The law's stricter penalties aim to reduce road accident deaths, but its impact has been shaped by the realities of road transport in India.
On the one hand, the law has increased awareness about driver accountability. Many drivers now think twice before fleeing accident sites, knowing the severe punishment of up to 10 years imprisonment and hefty fines. This has led to a slight improvement in reporting accidents, ensuring quicker medical assistance for victims in some cases.
However, challenges persist. Commercial drivers who are at the forefront of the actual circumstances on the road, navigating difficult roads and enduring long driving hours and other challenging work conditions, have expressed concerns about the law's practicality. They argue that the harsh penalties do not account for the unpredictable nature of road conditions or the systemic issues within the transport sector. For instance, poorly maintained infrastructure and inadequate signage on highways continue to contribute to accidents, making it difficult for drivers to avoid collisions.
Additionally, the law has highlighted the need for reforms in the motor vehicle sector. Many transporters have called for better training programs and mandatory driving retests to improve road safety. While these measures could complement the law's objectives, their implementation remains inconsistent across states.
Conclusion
The new Hit and Run Law represents a significant step towards enhancing road safety by imposing stricter penalties for negligent drivers. While it has raised awareness about accountability for drivers and led to better behaviour of commuters and a decrease in road crash accidents, challenges remain in addressing underlying systemic issues, such as inadequate infrastructure and driver training. The law's effectiveness will ultimately depend on balancing accountability with fairness and ensuring comprehensive reforms in the transportation sector. By fostering a culture of responsibility and prioritizing road safety measures, stakeholders can work together to create safer roads for everyone.
FAQs
What is the main objective of the Hit and Run Law?
The primary goal of the law is to reduce road accident deaths by ensuring driver accountability. It aims to deter drivers from fleeing accident sites, encourage prompt reporting of accidents, and provide better support for victims through stricter penalties and enhanced compensation systems.
Why is the law controversial among commercial drivers?
Commercial drivers often navigate difficult roads and face long driving hours, which makes them particularly vulnerable to accidents. They argue that severe punishment, including up to 10 years of imprisonment and hefty fines, does not account for the realities of road transport, such as poor road conditions and systemic challenges. Protests from transporters reflect these concerns.
Has the Hit and Run Law been effective so far?
While the law has increased awareness about the importance of driver accountability and reporting accidents, its effectiveness has been limited by challenges like inadequate road infrastructure and inconsistent enforcement. Its impact on reducing road accidents and fatalities will depend on addressing these broader issues within the motor vehicle and road transport sectors.
