India's Hit-and-Run Law: New Regulations

Context:

India’s new legislation, Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023, regarding hit-and-run incidents, has sparked protests among transporters and commercial drivers. They argue that the law’s stringent penalties are unfair and need reconsideration.

The law imposes up to 10 years in jail and a fine for fleeing an accident scene and failing to report it.
It aims to curb hit-and-run incidents and enhance accountability on roads.

Drivers claim the law is excessively harsh, particularly in cases where accidents are unintentional.
They are concerned about factors like long driving hours, difficult road conditions, and the threat of mob violence, which might force them to leave accident scenes.
There’s a perception that drivers are unfairly blamed for accidents.

The Need for the Law:

India has high road accident fatalities, with concerning statistics like 462 deaths daily.
The law aims to reduce these fatalities and ensure responsible driving.

Underlying Principle:

The law is designed to enforce moral responsibility on drivers in accidents.
It requires drivers to report accidents, aiming to reduce hit-and-run cases.

Are the Protests Justified?

There are misconceptions about the law, particularly regarding the fine amount.
Drivers argue for a more nuanced approach that considers different accident scenarios and contributory factors.

The Way Forward:

Revisiting the law to differentiate between rash and negligent driving.
Categorizing liabilities and punishments based on the severity of accidents.
Implementing alternative measures for minor accidents, like community service or driving retests.

Summary:

The new hit-and-run law in India is designed to reduce road fatalities and increase driver accountability. However, its stringent penalties have led to protests from drivers who seek a more balanced approach that considers various driving challenges and accident scenarios.

SRIRAM’s