In 2026, the legal landscape for road safety in India has undergone a massive shift with the full implementation of the Bharatiya Nyaya Sanhita (BNS). Replacing the old Indian Penal Code (IPC), the BNS introduces specific, high-stakes provisions for hit-and-run cases to address the “silent epidemic” of road fatalities.
The “Hit and Run” law is no longer just a traffic violation; it is now a major criminal offense under the Bharatiya Nyaya Sanhita (BNS). This law targets drivers who cause a fatal accident through rash driving and then flee the scene to escape legal consequences.
The core of this law is Section 106, which replaces the old Section 304A of the IPC. It creates a clear distinction between a driver who stays to help and one who runs away.
What are Hit and Run Accidents?
A hit-and-run occurs when a vehicle collides with a person, vehicle, or property, and the driver leaves without:
- Stopping to check the damage or injury.
- Assisting the victim to get medical help.
- Reporting the incident to the police or a magistrate.
In India, many drivers flee because they fear “mob lynching” or immediate arrest. However, this delay often leads to the death of victims who could have been saved during the “Golden Hour” (the first hour after an injury).
Hit and Run New Law Provisions
The BNS 2023 divides “Death by Negligence” into two strict categories based on the driver’s post-accident behavior:
1. Section 106(1): Duty Reported
If a driver accidentally causes a death but stays or immediately reports the incident to the police or a magistrate:
- Punishment: Up to 5 years of imprisonment and a fine.
- Significance: The law acknowledges the driver’s responsibility and provides a relatively “lesser” sentence compared to those who flee.
2. Section 106(2): The “Hit and Run” Provision
If a driver causes a death by rash/negligent driving and escapes without informing the authorities “soon after the incident”:
- Punishment: Up to 10 years of imprisonment and a heavy fine.
- Nature of Offense: This is a non-bailable and cognizable
- Current Status (2026): While the BNS is active, the government has engaged in extensive consultations with transport unions (like the All India Motor Transport Congress) to ensure that the 10-year penalty is applied fairly and does not lead to harassment of innocent drivers.
Why Was a New Law Needed?
The transition from the IPC to BNS was triggered by alarming statistics and social demands:
- Inadequate Old Penalties: Under the old IPC Section 304A, the maximum punishment was only 2 years, which was often seen as a “slap on the wrist” for fatal negligence.
- High Fatality Rates: India accounts for roughly 10% of global road deaths despite having only 1% of the world’s vehicles. NCRB data shows over 50,000 deaths annually specifically from hit-and-run cases.
- Economic Impact: Road accidents drain nearly 5-7% of India’s GDP every year.
- Public Outcry: High-profile cases, such as the 2023 Delhi dragging incident, highlighted the need for a law that forces drivers to prioritize the victim’s life over their own escape.
Significance and Concerns
While the law aims for safety, it has sparked significant debate across the country.
Significance
- Accountability: It forces a “moral duty” on the driver to ensure the victim reaches a hospital.
- Deterrence: The jump from 2 years to 10 years in prison serves as a massive warning against reckless driving and “stunt” culture on roads.
Major Concerns
- Fear of Mob Violence: The biggest worry for truck and bus drivers is that if they stop to help, they might be beaten or killed by an angry crowd before police arrive.
- Deduction vs. Intention: Critics argue that 10 years is too harsh for an “unintentional” accident caused by factors like poor road lighting or bad weather.
- Self-Incrimination: Some legal experts argue that forcing a driver to report their own accident might conflict with Article 20(3) of the Constitution, which says no person can be forced to be a witness against themselves.
