Truckers protest over new hit-and-run law. What does it say?

It’s day 2 of truckers in several parts of the country sitting in protest over a provision of the new criminal law codes dealing with the issue of hit-and-run accidents. There have been reports of protestors blocking highways and roads in several parts and refusing to ply their vehicles. The ongoing nationwide truckers protest has sparked fears of shortages at petrol and diesel stations in the country, leading to panic buying. On Tuesday, visuals came in from several parts of the country showing people queuing up at petrol and diesel pumps worried about an impending fuel shortage.

But what are the truck drivers protesting against exactly? Well, it’s one provision of the Bharatiya Nyaya Sanhita, which was recently brought in by the government. The Bharatiya Nyaya Sanhita replaces the British-era Indian Penal Code. 

It carries a provision related to hit-and-run accidents, and it is this provision against which truck drivers are up in arms.

According to the new penal law, any driver who causes the death of a person by rash and negligent driving and flees from the spot without reporting the accident to the authorities could be jailed for up to 10 years and/or fined up to Rs 7 lakh.

“Whoever causes death of any person by rash and negligent driving of vehicle 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 imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine,” Section 106 (2) of the new Bharatiya Nyaya Sanhita says.

WHAT USED TO HAPPEN EARLIER? 

The old, British-era Indian Penal Code (IPC) did not have a specific provision for hit-and-run cases. Actions in such cases were taken under Section 304 A of the IPC.

According to that section, a person causing the death of another due to a rash or negligent act could invite a jail term of a maximum of two years or be fined.

“Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both,” the section stated.

All cases of hit-and-run along with other forms of activities that came under the ambit of “rash and negligent act” were lodged under Section 304 A of the IPC.