Section 106(2). Though only a few lines long, it reshapes the legal consequences of what we commonly call a hit-and-run.
Understanding Section 106(2)
Section 106(2) of the BNS penalizes any person who causes death by a rash or negligent act and fails to stop, provide assistance, or inform the authorities.
The punishment: imprisonment of up to 10 years and a fine.
Under the previous law, Section 304A of the IPC, causing death by negligence carried a maximum of two years’ imprisonment. There was no distinct offence for fleeing the scene.
The BNS, therefore, introduces an important shift: flight after an accident is now a separate and more serious crime.
Rationale Behind the Change
India records some of the world’s highest numbers of road fatalities, many of which go untraced because drivers flee immediately after the incident.
Section 106(2) seeks to create a legal duty to remain at the scene, assist the injured, and report the event to the police. This aligns Indian law with international norms that emphasise post-accident accountability and prompt aid to victims.
The Debate and Deferral
The clause has not been without controversy. Soon after the new law came into force, transport unions and truck drivers staged widespread protests, arguing that drivers often leave accident sites out of fear of mob violence, not guilt.
Acknowledging these concerns, the Government of India temporarily deferred enforcement of Section 106(2) pending consultations, though the provision remains part of the statute.
Legal and Practical Implications
Section 106(2) introduces a twofold test of liability:
- The initial rash or negligent act, and
- The subsequent failure to act responsibly.
Both elements must be established for conviction. This marks a clear policy transition from punishing the accident itself to punishing irresponsible conduct after the event.
For motorists, the message is unequivocal:
- Stop immediately after an accident.
- Provide assistance or call emergency services.
- Inform the nearest police station.
Compliance not only upholds the law but could also save a life and your liberty.
