The new hit-and-run law, termed Bharatiya Nyay Sanhita (BNS), replaces the previous law under the Indian Penal Code (IPC) and introduces stricter penalties for hit-and-run incidents in India. Under this law:
- Severity of Offense: Individuals causing a fatal crash due to negligent driving and fleeing the scene without reporting can face imprisonment for up to 10 years and a fine of Rs 7 lakh.
- Categorization of Offenses: The law differentiates between two categories of “causing death by negligence”:
- First category: Deals with causing death through rash or negligent acts not amounting to culpable homicide, carrying imprisonment for up to five years and a fine.
- Second category: Addresses causing death through negligent driving, not amounting to culpable homicide. Offenders could face up to 10 years of imprisonment and a fine if they flee the scene without promptly reporting the incident.
- Challenges and Clarity: Experts emphasize the need for clearer guidelines on how individuals should inform authorities to avoid potential public backlash at accident scenes. Additionally, safeguards are necessary to prevent misuse of this provision.
- Evidential Clarity: Road safety experts stress the importance of defining acceptable evidence to authenticate claims by victims or accused individuals, aiming to prevent potential misuse of the law.
Regarding the earlier hit-and-run law:
Under Section 304A of the Indian Penal Code (IPC), individuals accused in hit-and-run cases faced penalties of up to two years in jail upon identification. The introduction of the Bharatiya Nyay Sanhita represents a significant shift toward more severe consequences and a stricter legal framework for hit-and-run incidents.
