In the ongoing truck drivers and dumpers strike, a senior government functionary from Bharatiya Nyaya Sanhita stated that a driver who accidentally hits a person and subsequently informs the police or takes the victim to the nearest hospital will not be prosecuted under the stringent provisions of the recently enacted law.
According to the BNS, "Whoever causes the death of any person by rash and negligent driving of a 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 for a term which may extend to ten years, and shall also be liable to a fine." Dismissing as "misplaced" the apprehensions of some truckers protesting against the new law and keeping off the roads, the functionary said the provision of hit-and-run cases will be applicable only to those drivers who try to escape without informing the police.
The functionary emphasized that a driver who informs the police about the accident will not be prosecuted under the stringent law. If the driver fears an attack and cannot stop at the accident spot, they can go to the nearest police station or call the police or the toll-free emergency helpline number 108 to inform about the accident. In such cases, the driver needs to provide the police with the vehicle number, contact details, and commit to cooperating in the investigation whenever required. The functionary clarified that in such cases, the stringent provision of the law will not be applicable.
However, if the driver runs away from the spot without informing the police, the strict provision of the law will be enforced. Similarly, strong provisions will be applied in cases of drunken driving and subsequent accidents. The new provisions regarding hit-and-run cases, where the punishment has been extended to 10 years, have been framed following the observations of the Supreme Court. The Supreme Court had remarked in several cases that strict action should be taken against drivers who negligently drive on the road and run away from an accident resulting in someone's death.
The functionary explained that Sub-section 106(1) and Sub-section 106(2) of the BNS make it clear that if the person reports the incident of death by careless driving to a police officer or magistrate immediately after the incident, they will be charged under Sub-section 106(1), which is currently bailable, instead of Sub-section 106(2), which is non-bailable and carries a punishment of up to 10 years. Truckers in several states initiated a three-day protest against the "stringent provision" on Monday. The petroleum dealers' association has written to the government regarding the "panic buying" situation affecting fuel supplies at stations. Meanwhile Union Home Secretary Ajay Kumar Bhalla has called for a meeting with the All India Motor Transport Congress on Tuesday evening to discuss their agitation and grievances.