In a noteworthy development on January 3 Truckers’ Protest on Hit-and-Run Provision will Be Implemented After Consultations, the Indian government released a statement reassuring that the “hit and run” provision of the Bharatiya Nyaya Sanhita (BNS), designed to replace the Indian Penal Code, will only be enforced after thorough consultations with the All India Motor Transport Congress.
New Criminal Code Bills Get Presidential Approval
President Draupadi Murmu granted her assent to three groundbreaking criminal code bills on December 25. These bills, namely the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Sanhita, are set to replace the outdated Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act of 1872.
Attention on Section 106(2) of BNS
While the implementation of BNS provisions is pending, the spotlight has been on the hit-and-run provision, specifically Section 106(2). According to this clause, any driver causing a person’s death through reckless and negligent driving, then fleeing the scene, could face imprisonment of up to 10 years and/or fines. In response, truck, taxi, and bus operators initiated a nationwide strike, urging the central government to reconsider this provision, citing concerns of potential harassment.
Comparison with Current IPC Provision
It’s essential to note that under the current Section 304A (causing death by negligence) of the Indian Penal Code, drivers in rash and negligent cases are subject to penalties of up to two years in jail.
Government’s Response and Appeal
In a press release, the government addressed the concerns raised by truckers and emphasized its detailed discussions with representatives from the All India Motor Transport Congress. The government clarified that the new laws and provisions are not yet in force, and the decision to invoke Section 106(2) of the Bharatiya Nyaya Sanhita will be made only after consultations with the transport congress. Urging drivers to return to their duties, the government stated:
“The Government of India has taken cognizance of the concerns of truckers regarding the provision of 10 years imprisonment and fine, under Section 106 (2) of the Bharatiya Nyay Sanhita and held detailed discussion with the representatives of the All India Motor Transport Congress today. The government wants to point out that these new laws and provisions have not yet come into force. We would also like to point out that the decision to invoke Section 106 (2) of the Bharatiya Nyay Sanhita will be taken only after consultation with the All India Motor Transport Congress. We appeal to All India Motor Transport Congress and all the drivers to return to their respective jobs.”
Conclusion
This reassurance from the government aims to address the apprehensions within the transport industry, emphasizing a collaborative decision-making process regarding the enforcement of the hit-and-run provision under the Bharatiya Nyaya Sanhita. The appeal for drivers to resume their duties reflects a commitment to open dialogue and a balanced approach to legislative changes in the interest of all stakeholders.
