Mumbai: Transporters flay punishment for hit-and-run cases

Transporters claimed the Act is formulated without considering views of stakeholders. Representation Pic

Transporters and truckers are up in arms against the provision of 10-year rigorous imprisonment for hit-and-run conviction under the new Bharatiya Nyaya Sanhita, 2023. Transporters claimed that the Act has been formulated without taking the views of stakeholders and due to the fear of stringent penal provision the existing drivers are ready to leave jobs. This provision in the new Act is also discouraging new drivers in the transport industry which already has a short supply of heavy vehicle drivers, transporters said. The transport body has shot off a letter to the Prime Minister and Home Minister of India expressing concern.

"There are widespread concerns in the transport fraternity regarding the proposed legislation on hit-and-run cases under the Bharatiya Nyaya Sanhita, 2023. The stringent provisions, including a 10-year jail term, have the potential to discourage individuals from entering or continuing in the drivers' profession," Bal Malkit Singh, chairman, core committee, All India Motor Transport Congress told mid-day.

"The proposed law has been introduced without any consultation with stakeholders, particularly representatives from the transport sector. This oversight is critical, as the lack of input from those directly affected may result in unintended consequences during implementation," he said. "While the intent behind introducing stringent measures may be right, there are significant lacunae in the proposed law that requires urgent reconsideration. India is currently grappling with a shortage of drivers in the transport industry, which is around 27 per cent in the country. The proposals could affect that further," he said.

There is an utter lack of Accident Investigation Protocol in the country. The proposed law does not outline a comprehensive investigation protocol for hit-and-run cases. Currently, an unsaid rule of blaming the larger vehicles is blindly followed in the country, without considering who is at fault. A fair investigation into the causes of accidents, rather than automatic blame on heavy vehicles, is crucial for justice, the letter sent to the PMO and the Home Minister on Thursday stated. "In many hit-and-run cases, the driver does not flee with the intention of evading responsibility for the accident. Instead, they run to safeguard their life from the potential threat posed by an angry mob and local residents. The lack of security on the road compels them to take such measures," it stated.

"The transport fraternity is deeply concerned that the enforcement of such a draconian law without addressing these issues may lead to a sudden disruption in the supply chains across the country. The proposed legislation is causing a strong wave of unrest among the truck drivers community across the country and they are leaving their jobs as such," the letter concluded.

Old and New

Indian Penal Code, 1860 (old) currently, incidents of hit-and-run are registered under sections 279 (rash or reckless driving), 304A (causing death by negligence) and 338 (endangering life or personal safety of others) of the IPC. In exceptional cases, 302 (murder) charges are invoked. The punishment for causing death due to rash and negligent driving under 304A is two years.

Bharatiya Nyaya Sanhita

In the proposed law, section 104 (2) 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."

10 yrs
Period of jail term for hit-and-run cases conviction