Hit & run law, stop running from it

Parliament created a specific offence for hit-and-run drivers. Yet, more than 2 yrs after Bharatiya Nyaya Sanhita (BNS) replaced Indian Penal Code (IPC), this provision remains unenforced. Section 106(2) prescribes imprisonment of up to 10 yrs and a fine for causing death through rash and negligent driving and fleeing without reporting the accident to a police officer or magistrate. Unlike a driver who causes a crash, stops and reports it, one who flees compounds the original wrongdoing, and the law recognises this additional culpability.

The provision was excluded from the notification that brought BNS into force on July 1, 2024, after transport workers raised concerns about the severity of the punishment, and the risk of mob violence at accident sites. These concerns merit consideration. Drivers must be able to report crashes and seek emergency assistance without fear of being attacked by angry, vigilante bystanders. But protecting drivers from violence, and holding those who flee a fatal accident accountable are not mutually exclusive objectives. GoI must establish clear, safe procedures for reporting accidents and ensure enforcement, rather than indefinitely defer the law.

Without Section 106(2), police cannot invoke its specific offence, leaving them to rely on other provisions whose applicability depends on circumstances and evidence. Resorting to more serious charges - such as attempt to murder or culpable homicide - cannot substitute for a provision designed to address the wrongdoing of fleeing after causing a death. GoI has had more than 2 yrs to address the objections. It must now notify Section 106(2) and operationalise it. Leaving a law beyond the reach of enforcement weakens both deterrence and public confidence.