NEW DELHI: The upcoming formalization of Bharatiya Nyay Sanhita, a new penal statute, targets the significant issue of hit-and-run accidents, responsible for approximately 50,000 deaths annually. Under this new law, individuals who cause a deadly accident and then flee the scene without notifying the authorities will face up to 10 years in prison, along with a monetary penalty.

Legal experts, however, are calling for clear guidelines on how a driver or accused should report to the authorities. This is crucial considering the potential for public backlash at accident sites, and to prevent the misuse of this new rule.

Addressing both houses of Parliament recently, Union Home Minister Amit Shah stated that the government is implementing harsher penalties for those who cause a road accident and then escape, abandoning the victims. Conversely, there will be more lenient treatment for those who proactively report to the police and assist the injured by taking them to the hospital. This approach marks a departure from the existing provisions in the Indian Penal Code.

The recently enacted Bharatiya Nyay Sanhita by the Parliament has introduced a bifurcated framework under the category of "causing death by negligence". According to the law, "whoever causes death by doing any rash or negligent act not amounting to culpable homicide, shall be punished with jail of up to five years and fine." This part of the legislation addresses general negligence leading to death without intent.

The law further elaborates a second scenario, focusing specifically on vehicular incidents. It states, "whoever causes death by rash and negligent driving not amounting to culpable homicide, and escapes without reporting it to a police officer or a magistrate soon after the incident, shall be punished with up to 10-year imprisonment and fine." This clause is aimed at more severe punishment for those involved in hit-and-run cases, ensuring stricter accountability.

Hit and run cases refer to incidents where the driver responsible for the accident leaves the scene without assisting the victim or reporting the event. Under the current legal framework, such individuals are processed under Section 304A, which stipulates a maximum jail term of two years for the accused once they are identified.

Rohit Baluja, a road safety expert known for training police officers in crash investigation and legal provisions, emphasizes the need for clear guidelines on evidence collection and authentication in such cases. He stresses, "Unless the forensic evidence is made on the basis of investigation and rules framed to safeguard the innocent, people may misuse it. Currently, hardly any forensic evidence is used in road crash cases." Baluja’s statement highlights the importance of robust forensic procedures to ensure that the new law is implemented fairly and effectively, preventing its misuse and protecting the rights of both victims and the accused.

Truckers' Strike Against Revised Hit-and-Run Case Law

Commercial vehicle drivers, including those operating trucks and tankers, initiated a work stoppage on Monday in various regions across the country. This action was a direct response to the newly enacted legislation concerning hit-and-run cases.

These drivers expressed their dissent against the recent amendments made by the Central government to the age-old criminal laws, specifically regarding hit-and-run incidents. The modifications, which notably increase the imprisonment duration for such offenses, have sparked widespread protests among truckers nationwide.

The revised law has significantly altered the legal consequences of hit-and-run cases. Previously, the maximum imprisonment for fleeing drivers was up to two years. However, under the new regulations, this has been escalated to a potential ten-year jail term.

Pramod Sikarwar, a protester at Board Office Square in Bhopal, shed light on the specifics of the legislation. "Under the new law, hit-and-run cases can attract a 10-year jail term and a fine of Rs 7 lakh," he informed. This substantial increase in penalties reflects the government's intensified approach to handling such road mishaps.

Expressing the concerns of many drivers, Sikarwar commented on the implications of the new law for vehicle operators. "The new law is against the interest of drivers. Drivers don't want to kill anybody, but accidents happen. In such cases, people turn against the driver. We demand that the new law be amended," he stated. This viewpoint highlights the complexities faced by drivers in accident scenarios, where unintended harm can lead to severe legal consequences. The truckers' demand for an amendment to the law stems from a need for a more balanced approach that considers the unintentional nature of most road accidents.

Commercial vehicle operators have been voicing their concerns over the recent changes to Section 304A of the IPC (Indian Penal Code), which deals with "causing death by negligence". This amendment, since its introduction, has been a point of contention among these drivers.

The impact of the drivers' protests was evident in various parts of the country. In some regions, road blockades emerged as a result of these demonstrations, causing disruptions in normal traffic flow. Additionally, a sense of uncertainty regarding fuel supply led to long lines at several petrol stations, as people rushed to fill their tanks amidst fears of a possible shortage.

In the city of Bhopal, the drivers’ dissent took a more pronounced form. Protesters assembled at key locations such as Lalghati and MP Nagar's Board Office Square. Their demonstrations included halting city buses and other vehicles, signaling a strong stance against the amendment.

Similarly, in Indore, the protest manifested through the immobilization of buses. At the Gangwal bus stand, buses were strategically parked on the road as part of the ongoing protest, further highlighting the drivers' grievances.

Addressing the situation, Ajay Singh, the president of the Madhya Pradesh Petroleum Association, clarified the broader implications of the new law. "The new law in hit-and-run cases will apply to all vehicles and not to tankers or trucks alone. There are problems at some places and people are scrambling to store fuel in panic," he stated.

On the eve of the New Year, a significant protest by truck and commercial vehicle drivers took place, targeting the newly implemented penal laws for hit-and-run cases. This protest led to the blockade of National Highway Number 2 near the Dankuni toll plaza in West Bengal's Hooghly district, as reported by the police. The drivers’ actions caused considerable disruption for about two hours on Sunday.

The protest began around 10:30 am at Chanditala, where the drivers expressed their dissent by burning tyres and strategically positioning their vehicles to block the road. This action by the truckers was a direct response to the changes in the hit-and-run laws, which they oppose.

In response to the situation, senior officers from Chanditala and Dankuni police stations were promptly dispatched to the site. Their objective was to negotiate with the truck drivers and resolve the blockade. Eventually, the police successfully cleared the road, and normal traffic movement resumed at approximately 12:50 pm, as confirmed by a police officer.

Fuel Shortage Concerns in Chhattisgarh Amid Truck Drivers' Protest Against New Hit-and-Run Law

The ongoing protests by truck drivers against the new hit-and-run law have escalated beyond highway blockades, now inciting fears of fuel shortages in various cities. On the first day of the New Year, particularly in Chhattisgarh, residents witnessed unusually large gatherings at petrol pumps. This public concern stems from the knowledge that fuel is transported via tankers, and the continuous protest could potentially disrupt the supply of petrol and diesel. The protesting drivers have announced a 'chakka jam' spanning three days.

In Chhattisgarh, the apprehension about the potential fuel supply impact has led to long queues at petrol stations across various cities. This public reaction has been reported by the news agency PTI, highlighting the widespread effect of the truckers' demonstration and the growing concerns over the availability of fuel in the days to come.

Commercial bus drivers and truckers in Chhattisgarh took a firm stand on Monday against a specific clause in the new penal law relating to hit-and-run accidents. Their collective action included halting work and organizing protests at various locations throughout the state, demanding the withdrawal of this contentious provision.

The impact of these protests was immediately felt by the general public. Commuters found themselves stranded at different spots, unable to proceed with their planned journeys. Additionally, the transportation of goods experienced disruptions, affecting the flow of commerce and daily activities.

The scale of the protest was significant, with drivers of over 12,000 private buses across Chhattisgarh ceasing operations for the day. This led to hundreds of travelers being left stranded at bus stations in key cities such as Raipur, Bilaspur, Durg, and Rajnandgaon. These passengers, caught unawares by the sudden stoppage of bus services, were seen actively seeking alternative modes of transport to reach their destinations.

At the inter-state bus station in Bhatagaon, Raipur, the situation was particularly chaotic. Many passengers, in a bid to continue their travel, were seen rushing to secure private taxis and auto-rickshaws.

Jitendra Shukla, the convener of the Chhattisgarh Vahan Chalak Sangh, provided further insight into the scale of the protest. He informed PTI, "Around 1 lakh drivers, including those engaged in operating buses, trucks, transport, and school buses, have launched a protest on Monday as a part of 'steering chhodo andolan'."

He said "chakka jam" protests will be held in various districts beginning Tuesday against the new provision on hit-and-run accident cases.

"Protests will continue until this provision is revoked," he added.

Under the Bharatiya Nyay Sanhita (BNS), which replaced the colonial era Indian Penal Code, drivers who cause a serious road accident by negligent driving and run away without informing the police or any official from the administration can face punishment of up to 10 years or a fine of Rs 7 lakh.

Shukla said the 10-year jail term and Rs 7 lakh fine are very harsh on drivers.