New proposed law targets Hit-And-Run cases in India, bringing heavier penalties for offenders

In a bid to address the rising issue of hit-and-run cases in India, the government has introduced a new provision as part of its comprehensive overhaul of the country's criminal laws. A section of the Bharatiya Nyaya Sanhita, designed to replace the existing Indian Penal Code, has put forth a proposal that could lead to a jail term of up to 10 years for drivers who flee the scene of an accident or fail to report the incident to the authorities. Section 104(2) of the proposed law states, "Whoever causes the death of any person by committing a rash or negligent act, not amounting to culpable homicide, and escapes from the scene of the incident or neglects to report it to a police officer or magistrate immediately after, shall be subject to imprisonment of either description for a period up to ten years, and shall also be subject to a fine."

The proposed legislation also suggests a significantly longer prison sentence for cases where death is caused due to rash and negligent driving without reaching the threshold of culpable homicide. Section 104(1) of the Sanhita recommends a jail term of up to seven years, in contrast to the current two years under Section 304A of the IPC. Both provisions additionally include the imposition of fines on convicted individuals.

According to a report from the Ministry of Road Transport and Highways, road accidents accounted for over 1.5 lakh lives lost in 2021. The report highlighted a total of 4.12 lakh road accidents occurring in that year, leading to 1.54 lakh fatalities and injuring 3.84 lakh individuals. While road accidents and injuries saw a decline of 8.1% and 14.8% respectively compared to 2019, fatalities increased by 1.9%.

The proposed law is a part of Home Minister Amit Shah's introduction of three bills in the Lok Sabha aimed at comprehensively reforming the nation's outdated criminal laws. The Bharatiya Nagarik Suraksha Sanhita is set to replace the Code of Criminal Procedure, while the Indian Evidence Act is slated to be substituted by the Bharatiya Sakshya. All three bills have been referred to a Standing Committee for further consideration.