New Hit-and-Run Law under the Bharatiya Nyay Sanhita (BNS)

 

The Bharatiya Nyay Sanhita (BNS), which came into effect as a replacement for the colonial-era Indian Penal Code (IPC), has introduced several changes in the criminal justice system of India. Among the notable reforms is the new hit-and-run law, which imposes stricter punishments on drivers who cause serious accidents due to negligent driving and flee the scene without informing the authorities.

The New Hit-and-Run Provision under BNS

As per the Bharatiya Nyay Sanhita (BNS):

• If a driver causes a serious road accident due to careless or rash driving and then leaves the spot without informing the police or any official, they can be punished with:
  • Imprisonment up to 10 years, and
  • Fine up to ₹7 lakh.

This is a significant departure from earlier laws, as the BNS seeks to curb the growing number of hit-and-run cases by holding drivers more accountable for their actions.

Categories under “Causing Death by Negligence”

The BNS has created two distinct categories under the broader offence of causing death by negligence:

1. General Negligence (Non-vehicular cases)

   • This includes causing death through any rash or negligent act that does not amount to culpable homicide.
   • Punishment: Imprisonment up to five years and fine.

2. Negligent Driving (Vehicular cases)

   • This specifically deals with rash and negligent driving that results in death but does not amount to culpable homicide.
   • If the driver flees the accident spot without promptly reporting the incident to a police officer or magistrate, the punishment becomes harsher.
   • Punishment: Imprisonment up to 10 years and fine up to ₹7 lakh.

This distinction emphasizes that vehicular negligence is treated more severely when the offender attempts to escape responsibility.

The Old Law under IPC

Before the BNS, hit-and-run cases were dealt with under the Indian Penal Code, Section 304A, which was enacted during the British era.

• Section 304A of IPC:

  • Any person causing death due to a rash or negligent act could face imprisonment up to two years, or fine, or both.

• Importantly, the IPC did not have a specific provision for hit-and-run cases. All such incidents were prosecuted under the general category of causing death by rash or negligent act, whether they involved road accidents, industrial mishaps, or other negligent acts.

This often meant that drivers involved in hit-and-run cases faced relatively lenient punishments, which did not serve as a strong deterrent.

Why the Change Was Needed

India witnesses one of the highest numbers of road accidents and fatalities in the world. According to government data, thousands of lives are lost each year in hit-and-run incidents, where drivers abandon victims without providing help or informing the authorities.

The old IPC provisions were considered inadequate because:

• The punishment of just two years imprisonment was seen as too lenient.
• There was no specific recognition of hit-and-run as a distinct and serious offence.
• Victims and their families were often left without justice due to weak provisions.

By introducing stricter punishments under the BNS, the government aims to:

• Ensure greater accountability of drivers,
• Reduce the tendency of offenders to flee accident sites, and
• Act as a deterrent against reckless and negligent driving.

Conclusion

The new hit-and-run law under the Bharatiya Nyay Sanhita (BNS) marks a significant shift in India’s criminal justice framework, especially in the context of road safety. By creating specific and stricter provisions for negligent driving and hit-and-run cases, the BNS ensures that offenders face harsher consequences than before.

While some argue that such stringent penalties may create concerns for drivers—particularly commercial vehicle drivers—the law’s primary goal is to protect human life and instill responsibility among road users.

In essence, the BNS has transformed the treatment of hit-and-run cases from being a minor negligent act under the IPC to a serious criminal offence, reflecting the government’s commitment to strengthening road safety and justice delivery in India.