BNS takes off, but hit-&-run clause put on hold

Nagpur: On a day, Colonial-era criminal laws were overhauled, the controversial Section 106(2) in hit-and-run cases in Bharatiya Nyaya Sanhita (BNS), 2023, was withheld by the government even as other provisions of criminal law came into force on Monday.
Section 106 (2), which entails prison term up to 10 years and a steep fine in hit-and-run cases, had triggered nationwide protests by the transport sector, particularly truckers, who staged impromptu ‘chakka jams’, paralysed transport on highways and sparked nationwide chaos in January this year.

Apprehending another backlash with an adverse political fallout, the Centre deferred implementation of the law, which also makes it mandatory for a hit-and-run accused to inform the police or a magistrate.
While the law was included in the proposed final draft of BNS, sources stated it failed to clarify several issues, particularly its applicability in cases of fatalities or critical injuries or both.
While provisions like Section 134 under Motor Vehicles Act, 1988, makes it mandatory for a driver to ensure medical assistance of accident victims, the latest law was proposed as a deterrent against hit-and-run cases. Nagpur too witnessed at least four such hit-and-run cases, which were raised by the Opposition to corner the govt in the ongoing monsoon assembly session in Mumbai.
A day before the June 30 deadline, the ‘sankalan’ app of National crime records bureau (NCRB) displayed Section 106(2) BNS with a red rider that the law ‘shall not come into force’ on July 1, 2024.
Superintendent of police, highway safety patrol, Yeshwant Solankhe, confirmed the law was held back for unknown reasons. “As of now, we would go by the circular that the hit-and-run law, Section 106 (2) BNS, won’t be implemented now,” said Solankhe.
BNS retained the Indian Penal Code provisions of causing death due to rash and negligent driving under Section 106 (1) and culpable homicide not amounting to murder under Section 105, but with enhanced punishment. But, the hit-and-run law which was once announced with hype has been frozen.
Activist Ashok Karanjikar, who is part of the social platform Jan Akrosh, which takes up awareness campaigns to prevent accidents, stated the law against hit-and-run needs teeth.
“Some vested interests had begun spreading misinformation which triggered widespread panic in the country, especially among drivers. The govt should have spread awareness on the correct interpretation of the law,” said Karanjikar, adding there were several issues which the govt could have explained to stop panic.