The new Indian hit and run legislation has resulted in widespread misinformation among vehicle operators, particularly due to the allegations of a 10-year prison sentence or massive penalties for offenders, including commercial vehicle drivers. Many individuals also think that this provision has already come into operation, but there is a requirement to keep in mind the legal position with regard to it.
The Bharatiya Nyaya Sanhita, 2023, replaced the Indian Penal Code from 1 July 2024. However, the stricter hit and run provision under BNS Section 106(2) was excluded from the provisions that came into force on that date, according to official government information. The general negligence provision under BNS Section 106(1) is in force, but the stricter 106(2) hit and run sub-section was kept out of commencement.
This article outlines the details about the latest hit and run provision, its current standing, the new punishment as compared to the previous one, the matter of a penalty of ₹7 lakh, compensation for victims, and the necessary actions that drivers must take when an accident occurs.
Table of Contents
What Is the New Hit and Run Law in India?
The new hit and run l is part of the Bharatiya Nyaya Sanhita, 2023. It appears under Section 106, which deals with causing death by negligence.
In a nutshell, BNS Section 106(2) relates to occurrences in which one causes a draught due to rash or negligent driving and flees afterwards, not immediately reporting it to authorities. The provision states that the punishment is up to 10 years in prison.
This is important: the provision is not about every road accident. It is not meant for minor scratches, small collisions, or non-fatal accidents. It specifically refers to fatal accidents caused by rash or negligent driving, followed by escape and non-reporting.
Is the New Hit and Run Law Currently in Force?
This is the most important point.
Most of the provisions of the Bharatiya Nyaya Sanhita have already begun functioning since 1 July 2024, while Section 106(2) has not yet begun to function. While the officials from the government stated that the law has started functioning since the 1st of July 2024, the part of the Act that relates to Section 106(2) has not come into operation yet.
The government had also said in January 2024 that the decision to invoke Section 106(2) would be taken only after consultation with the All India Motor Transport Congress, following concerns raised by transporters and drivers.
Therefore, people should not assume that the 10-year punishment in Section 106(2) has come into operation since there has been no announcement of it being active to date.
What Does BNS Section 106(2) Say?
BNS Section 106(2) says that when death is caused by rash and negligent driving of a vehicle, not amounting to culpable homicide, and the driver escapes without reporting the incident to a police officer or magistrate soon after the incident, the punishment may extend to 10 years and a fine.
In simple words, it has three main parts:
- Death must be caused by rash or negligent driving
- The driver must escape from the accident spot
- The driver must fail to report the incident soon after the accident
This indicates a correlation between accident reporting and the law. However, the essence is that it would deter motorists from leaving the scene after having caused a deadly accident and neglecting injured victims.
Old Hit and Run Law vs New Provision
Before the Bharatiya Nyaya Sanhita, death by negligence was generally dealt with under IPC Section 304A, which provided imprisonment up to two years, a fine, or both. Under BNS, Section 106(1) provides a more severe punishment for death caused by rash or negligent acts, while Section 106(2) creates a stricter category for fatal hit and run cases if brought into force.
| Provision | What It Covers | Punishment |
| IPC Section 304A | Death by rash or negligent act | Up to 2 years, fine, or both |
| BNS Section 106(1) | Death by rash or negligent act not amounting to culpable homicide | Up to 5 years and a fine |
| BNS Section 106(2) | Fatal rash/negligent driving plus escaping without reporting | Up to 10 years and a fine, but excluded from the 1 July 2024 commencement |
This, however, is where the difference occurs. The law has imposed stricter measures in cases of fatal accidents via the provision of the new law, especially in cases where the driver flees the accident scene.
Is the ₹7 Lakh Fine Real?
No. The claim that BNS Section 106(2) mentions a fixed ₹7 lakh fine is incorrect.
As specified in Section 106 (2), imprisonment of up to ten years is mentioned in the law, with no mention of a compulsory twenty thousand fine. This is one major figure that has gained currency in the media and debates on the issue.
So, the correct explanation is:
BNS Section 106(2) mentions “fine,” but it does not specify ₹7 lakh as the fine amount.
Why Was the Law Controversial?
New regulations related to hit and runs caused heated discussions among people, because bus drivers and truckers are afraid of appropriate punishments and the troubles they may have to deal with after accidents.
Many drivers raised concerns that if they stopped after a serious accident, they may face mob violence at the spot. They also feared arrest, long imprisonment, and financial hardship. After protests, the government said the provision had not yet come into force and that any decision to invoke Section 106(2) would be taken only after consultation with the All India Motor Transport Congress.
The law aims at discouraging drivers from fleeing the accident scene and facilitating timely assistance for victims. However, the drivers are concerned that in some instances, being at the scene of an accident can be dangerous. The best approach in this case is to stop properly, contact the emergency services, provide assistance, if any, and report the accident. In case of imminent danger from an angry mob, leave the place of the accident and inform the police immediately.
What Should Drivers Do After an Accident?
Every driver should know what to do after an accident. Running away can make the legal situation worse and can also delay help for injured people.
Follow these steps:
- Stop the vehicle safely without creating another accident risk.
- Switch on hazard lights.
- Check if anyone is injured.
- Call emergency services or the police.
- Arrange medical help or an ambulance if needed.
- Share vehicle and identity details with the police.
- Report the incident to the nearest police station or magistrate as soon as possible.
- Do not flee to avoid responsibility.
- Do not disturb evidence unless it is necessary for safety or medical help.
- Inform your insurance company.
- Take photos or videos only if it is safe.
- If a crowd becomes violent, move to the nearest safe location and immediately inform the police.
The conclusion is simple: don’t leave the scene after an accident. Reporting the incident and assisting are safer than escaping.
Hit and Run Compensation for Victims
Criminal punishment and victim compensation are different things. Criminal punishment applies to the accused driver. Compensation is meant to support victims or their families.
On the first of April 2022, India introduced a remarkable initiative known as Compensation to Victims of Hit and Run Road Accidents. According to the initiative, the bereaved families of crash victims will get ₹2 lakh in case of the victim’s death and ₹50,000 in case of serious injury.
| Situation | Compensation Under Hit-and-Run Scheme |
| Death | ₹2,00,000 |
| Grievous hurt | ₹50,000 |
This compensation scheme applies to hit and run motor accidents where the offending vehicle or driver is not identified. It is separate from any criminal case or insurance claim where the vehicle and driver are known.
What Counts as Hit and Run?
The notion of “hit and run” means that the driver rushes away from the accident scene without stopping, helping other parties, or reporting the crash. In most of the cases of compensation claims, the term is meant to describe accidents that happened due to an unknown vehicle that caused them.
In simple terms, a hit and run may involve:
- Causing an accident and fleeing
- Not reporting the accident
- Leaving an injured person without help
- Avoiding identification after a crash
- Escaping after a fatal accident
Nevertheless, hit-and-run accidents are not all incidents; for example, those incidents in which the driver manages to stop, report the crash, and cooperate with relevant people are not regarded as hit-and-run accidents.
What It Means for Private Car Owners
For private car owners, the biggest lesson is to act responsibly after an accident. Even if the accident was unintentional, leaving the scene without reporting the accident can create serious legal problems.
Private car owners should:
- Keep vehicle insurance active
- Keep driving licence valid
- Follow speed limits
- Avoid distracted driving
- Stop safely after an accident
- Call medical help if someone is injured
- Report the incident to the police
- Inform the insurer
- Cooperate with the investigation
A dash-camera may be a neat device to use in this respect because it is a way of documenting the events of the accident. However, it cannot be considered a formal report of the accident.
What It Means for Commercial Drivers
Commercial drivers, including truck, bus, taxi, and goods vehicle drivers, face higher road exposure because they drive longer distances and spend more time on highways.
Accident-response training is very significant for commercial vehicle drivers and fleet owners. In the event that an accident occurs, drivers need to know how to stop the vehicle correctly, call the police, notify the employer, get medical attention, and deal with the bystanders without running away.
Fleet owners should also ensure:
- Driver’s licences are valid
- Vehicle insurance is active
- A fitness certificate is valid where required
- Drivers are not overworked
- Vehicles are properly maintained
- Drivers are trained on accident reporting
- Emergency contacts are available in the vehicle
The idea is not only to avoid punishment but also to minimise the delay in obtaining medical assistance in the event of serious accidents.
Used Car Checklist: Accident and Legal History
If you are buying a used car, check whether it has any accident or legal history. This is especially important for cars that have had major repairs or insurance claims.
Check:
- Pending challans
- Insurance claim history
- Service history
- Accident repair bills
- Structural repair signs
- Repainted panels
- Airbag deployment history, if any
- Police case disclosure, if known
- RC, insurance and PUC validity
- Fitness certificate for commercial vehicles
Physical inspection of the vehicle should also be done. Bad quality repairs may cause safety issues and decrease the resale value of the car.
Final Thoughts
The new hit-and-run provision under BNS Section 106(2) created major concern because it mentions punishment up to 10 years and a fine for fatal rash or negligent driving followed by escape and non-reporting. However, official sources confirm that Section 106(2) was not brought into force with the rest of BNS from 1 July 2024.
The most basic rule for drivers is simple: don’t leave the scene of the accident. Stop the vehicle, call for help, report the incident and cooperate with the authorities. If there is an actual danger at the accident scene, go to the nearest safe place and notify the police.
Responsible reporting can save lives and protect drivers from deeper legal trouble.
Also Read :
Police & Strobe Lights on Private Vehicles: Rules Explained
Jumping Red Light Challan
Highway Driving Rules in India
FAQs on the New Hit-and-Run Law in India
Q. What is the new hit-and-run law in India?
The new hit-and-run provision refers to BNS Section 106(2), which deals with fatal rash or negligent driving where the driver escapes without reporting the incident soon after the accident.
Q. Is BNS Section 106(2) currently in force?
Official government information says BNS came into force on 1 July 2024, except sub-section (2) of Section 106. So, the stricter hit-and-run provision was excluded from commencement.
Q. What is the punishment under the new hit-and-run provision?
BNS Section 106(2) mentions imprisonment that may extend to 10 years and a fine for fatal rash or negligent driving where the driver escapes without reporting the incident. However, this sub-section was not brought into force along with the rest of BNS from 1 July 2024.
Q. Is the ₹7 lakh fine real?
No. BNS Section 106(2) does not mention a fixed ₹7 lakh fine. It mentions fine, but not a fixed ₹7 lakh amount.
Q. What was the old hit-and-run punishment under the IPC?
Under IPC Section 304A, causing death by rash or negligent act carries imprisonment up to two years, a fine, or both.
Q. What is the difference between BNS 106(1) and 106(2)?
BNS 106(1) deals with causing death by rash or negligent act and provides punishment of up to five years and a fine. BNS 106(2) specifically deals with fatal rash or negligent driving where the driver escapes without reporting, and it mentions punishment up to 10 years and a fine if brought into force.
Q. What should I do after a road accident?
Stop safely, switch on hazard lights, call emergency help, assist injured people if safe, report to police, inform your insurer, and cooperate with the investigation.
Q. Can I leave an accident spot if there is crowd violence?
Do not flee to avoid responsibility. If there is a genuine threat of mob violence, move to the nearest safe location and immediately inform the police.
Q. What compensation is available for hit-and-run victims?
Under the Compensation to Victims of Hit-and-Run Motor Accidents Scheme, ₹2 lakh is provided in case of death and ₹50,000 in case of grievous hurt.
Q. What should I check before buying a used accident-repaired car?
Check pending challans, insurance claims, service history, repair bills, repainting, structural repairs, airbag deployment history and document validity before buying.
