This Article is From Aug 12, 2023

Strict Punishment For Hit-And-Run Cases? What New Bill Says

For cases of dowry death, the Bharatiya Nyaya Sanhita retains the same wording and punishment as the Indian Penal Code.

Strict Punishment For Hit-And-Run Cases? What New Bill Says

Road accidents claimed over 1.5 lakh lives in 2021.

New Delhi:

In an effort to curb hit-and-run cases, the government has proposed a new provision as part of its overhaul of criminal laws in the country. A section of the Bharatiya Nyaya Sanhita, which is meant to replace the Indian Penal Code, provides for a jail term of up to 10 years for drivers who escape from the scene after an accident or fail to report the incident to the police or a magistrate. 

Section 104(2) of the proposed law says, "Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide and escapes from the scene of incident or fails to report the incident to a Police officer or Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine."

The government has also proposed a significantly longer jail term for death due to rash and negligent driving not amounting to culpable homicide. Section 104(1) of the Sanhita proposes a jail term of up to seven years as opposed to two years under Section 304A of the IPC. Both sections also provide for fines being slapped on the offenders. 

Road accidents claimed over 1.5 lakh lives in 2021, according to a report by the Ministry of Road Transport and Highways. The report said a total of 4.12 lakh road accidents occurred in the 2021 calendar year, which claimed 1.54 lakh lives and left 3.84 lakh people injured. 

It pointed out that while road accidents decreased by 8.1% compared to 2019 and injuries went down by 14.8%, fatalities rose by 1.9%. 

For cases of dowry death, the Sanhita retains the same wording and punishment as the IPC. Section 79 of the proposed code provides for a jail term of not less than seven years, which may extend to imprisonment for life. This is the same as Section 304B of the IPC. 

Home Minister Amit Shah introduced three bills in the Lok Sabha yesterday to overhaul the British-era criminal laws. The Code of Criminal Procedure is proposed to be replaced by the Bharatiya Nagarik Suraksha Sanhita and the Indian Evidence Act by the Bharatiya Sakshya. All three bills have been referred to a Standing Committee. 

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