For anyone who drives a vehicle in this country, the nightmare scenario is the same: an accident involving another person. India has one of the worst road accident rates in the world – in 2022, the country reported over 4,60,000 road accidents, with over half taking place on national and State highways. Clearly, road safety is an area of huge concern. Recently, new provisions related to hit-and-run accident cases were brought in under the new penal code, the Bharatiya Nyay Sanhita or BNS. These provisions however evoked massive protests from truck drivers across the country at the beginning of this year – truckers said the penalties were unfair, imposed very heavy fines and jail sentences and did not take into account the many issues on Indian roads – the bad conditions of the road, lighting and visibility factors, mob violence in some cases where accidents take place and the behaviour of other motorists and pedestrians on the road itself. The protests only ended after the Union Home Secretary said these provisions would only be implemented after consultations with transport bodies.
So what are the new provisions for hit and run accident cases in the law? What constitutes rash and negligient driving and what are the penalties for it? Do the laws need to take into account contributing factors to accidents, and does there need to be a graded system for penalties?
Guest: Prof GS Bajpai Vice Chancellor, National Law University Delhi.
Host: Zubeda Hamid
Edited by Sharmada Venkatasubramnian.