Hit and Run Law in India: Policy Insights

The Hit and Run Law in India underwent a pivotal reform in 2024 with the introduction of the Bharatiya Nyaya Sanhita (BNS), replacing the colonial-era Indian Penal Code. The new provisions, especially Section 106(2), have significantly increased penalties for drivers who flee accident sites without offering aid or informing authorities. Sparked by high-profile incidents such as the Delhi hit and run case (2023) and revisiting public concerns from the 2002 Salman Khan case, the law seeks to enhance road safety, uphold victims’ rights, and establish stronger deterrents against reckless driving behavior. This legislative transformation marks a critical step toward a more accountable and responsive criminal justice framework in India.

Why the Hit and Run Law Matters in India

India accounts for one of the highest numbers of road accidents globally. Many of these involve hit and run incidents, where the driver absconds without providing assistance or reporting the accident.

Key Concerns:

Lack of accountability in fatal road accidents.
Delayed medical help due to the offender fleeing.
Inadequate deterrence under earlier laws.

The hit and run law targets these gaps by enhancing the legal and moral responsibility of drivers.

Key Legal Provisions Related to Hit and Run Law

1. Section 106(2), Bharatiya Nyaya Sanhita (BNS)

Provision	Description
Applicability	Applies when a driver causes death by rash/negligent driving and flees without informing authorities.
Punishment	Imprisonment up to 10 years and/or fine up to Rs. 7 lakh.
Nature	Non-bailable and cognizable offense.

This provision strengthens the hit and run law by ensuring harsher punishment for intentional evasion after fatal accidents.

2. Section 187, Motor Vehicles Act, 1988

Clause	Description
Failure to provide information/report	Fine up to Rs. 5,000 and/or 6 months imprisonment..
Failure to render medical aid	Treated as an additional offense.

Although less severe than BNS 106(2), this section is still relevant in minor cases or non-fatal injuries under the hit and run law.

Real-World Cases That Shaped the Law

The 2002 Hit and Run Case (Sanjay Dutt Case)

Bollywood actor Salman Khan was accused in a hit and run case causing one death.
The case continued for years, highlighting judicial delays and loopholes in old laws.

Delhi Hit and Run Case (2023)

A speeding car killed a young woman and dragged her for several kilometers.
The accused fled the scene, sparking massive protests.
Led to nationwide demand for reform in the hit and run law.

These cases revealed the urgency for stricter enforcement, ultimately contributing to the 2024 legislative update.

Hit and Run Law in Assam and Consequences

In Assam, the implementation of the hit and run law is being closely monitored by state authorities due to high accident rates on national highways.

Local Enforcement Highlights:

Assam Police have formed Highway Patrol Units for stricter enforcement.
District-wise accident mapping has begun to identify high-risk zones.
Cases of hit and run incidents are being fast-tracked in regional courts.

Consequences in Assam:

Consequence	Details
Legal Action	Offenders booked under BNS 106(2) and MV Act 187.
Public Awareness Initiatives	Road safety drives with local NGOs and transport unions.
Commercial Driver Monitoring	GPS-tracking mandated for state-run and contract vehicles
Victim Compensation	Special state fund activated for hit and run victims.

Connection with New Driver Rules and MV Act Reforms

The hit and run law is closely linked with recent updates in the Motor Vehicle Act and new rules for drivers:

New Driver Rules After Accident:

Commercial drivers (esp. truck/bus) are now legally bound to report accidents immediately.
Insurance claim processes will now be linked with accident reporting compliance.
Absconding drivers will face revocation of their driving license.

Rule	Description
License Suspension	Failure to report leads to automatic license suspension
Employer Liability	Fleet companies can also be held responsible.

These rules bolster the hit and run law and ensure tighter checks on professional drivers.

Hit and Run Law Protests in Assam

Demands

Stricter Enforcement of Laws: Protesters called for better implementation of the Motor Vehicles Act (MV Act) and tougher penalties for hit-and-run offenders.
Adequate Compensation for Victims: There was a push for quicker financial assistance and medical support for victims and their families.
Increased Accountability: Protesters demanded that drivers involved in hit-and-run incidents be held accountable, with emphasis on identifying offenders through improved surveillance.
Road Safety Awareness: Public awareness campaigns were advocated to educate citizens about the consequences of reckless driving and hit-and-run accidents.

Results

Government Commitments: The Assam government pledged to review and potentially revise existing traffic laws to address concerns raised by protesters.
Improved Road Safety Measures: Efforts were made to enhance road safety, including better infrastructure, clearer signage, and stricter enforcement of traffic rules.
Increased Surveillance: Local authorities focused on using more CCTV cameras and other technologies to identify offenders and deter hit-and-run incidents.
Public Awareness Campaigns: The protests sparked a broader conversation about road safety, with a focus on educating the public on responsible driving and the legal consequences of accidents.

Implications of the Hit and Run Law

Legal Implications:

Strengthens the criminal accountability of drivers under BNS Section 106(2) and MV Act Section 187.
Defines a clear distinction between unintentional accidents and deliberate evasion.
Aims to streamline court procedures, enabling faster conviction.
Bridges the gap between civil compensation and criminal penalties.
Empowers police with non-bailable provisions for serious offenses, ensuring tighter enforcement.
Offers a statutory framework that aligns with international traffic norms.

Social Implications:

Promotes driver responsibility and ethical road behavior.
Enhances public trust in legal and healthcare institutions.
Deters potential offenders due to higher penalties.
Empowers victims’ families with faster legal recourse.
Reduces the fear of legal uncertainty among witnesses and Good Samaritans.
Helps change societal mindset from casual negligence to moral obligation in accidents.

Criticism and Challenges

Despite the progressive outlook, the hit and run law has drawn criticism:

Truck drivers’ strike in early 2024 opposed the severity of punishment, claiming it endangered their livelihood.
Ambiguity between accident and intent—drivers fear arrest even in non-negligent situations.
Inadequate police sensitivity and training to differentiate genuine panic from criminal evasion.
Public fear of mob lynching discourages drivers from stopping.
Delays in ambulance or police response remain a bottleneck despite legal reforms.
Recent Pune accident shows that despite law, enforcement gaps still exist.

Suggested Remedies:

Public legal awareness drives across rural and urban areas.
Assurance of police protection for drivers reporting accidents.
Sensitization of police to handle such cases without prejudice.
Establishment of anonymous helplines and digital first-report systems.
Training truckers and public transport drivers in accident protocol.

Recent Protests on Hit and Run Law in India

1. Trigger for Protests

Delhi Hit and Run Case (2023): The tragic incident in Delhi on January 1, 2023, where a young woman was killed and dragged for several kilometers, ignited nationwide protests. The public demanded stricter enforcement and harsher penalties for hit and run offenses.

2. Key Protests and Locations

Delhi Protests (2023): Following the death of the young woman, protests erupted across Delhi in January 2023, with citizens and activists demanding justice and legal reforms for stricter hit and run laws.
Assam Protests (2024): In February 2024, local organizations and road safety groups in Assam organized protests, pushing for quicker enforcement of the hit and run law, faster trials, and victim compensation, particularly in high-accident zones like national highways.
Maharashtra Protests (2023): In March 2023, after a similar hit and run case, activists and citizens in Maharashtra took to the streets, urging the government to improve accident reporting systems and provide better support to victims.

3. Protest Demands

Stringent Penalties for Offenders: Protesters in January 2023 and February 2024 demanded a mandatory minimum sentence of 10 years for hit and run offenders.
Compensation for Victims’ Families: Calls for faster compensation for the victims’ families were voiced during protests in Delhi (January 2023) and Assam (February 2024).
Improved Enforcement Mechanisms: Protests in Maharashtra (March 2023) highlighted the need for increased use of surveillance technology, such as CCTVs and GPS tracking, for better law enforcement.
Mandatory Reporting by Drivers: Truckers and fleet operators, especially in April 2024, were urged to ensure prompt accident reporting under the new regulations.
By April 2025, the protests had subsided, but ongoing discussions between the government, transport unions, and road safety organizations continued. The primary issue remained the balance between road safety and fair legal treatment for drivers.

4. Government Response

Law Amendments (April 2024): In response to the protests, the government reviewed and strengthened the provisions of the Bharatiya Nyaya Sanhita (BNS) and the Motor Vehicles Act to address concerns raised during protests in early 2024.
Public Awareness Campaigns (March 2024): In response to rising protests, authorities launched public awareness initiatives in March 2024, focusing on the importance of road safety and the legal consequences of fleeing accident scenes.
Police Training (April 2024): The government initiated training programs in April 2024 to better equip police officers with the skills needed to handle hit and run incidents sensitively and effectively.

5. Criticisms of the Law

Truckers’ Strike (February 2024): In February 2024, truckers organized a strike to protest the severity of penalties, arguing that the new law would severely affect their livelihoods and lead to potential wrongful arrests.
Fear of False Accusations (March 2024): Drivers in March 2024 raised concerns about the ambiguity between negligent accidents and deliberate evasion, fearing unjust punishment.
Implementation Gaps (April 2024): Protests in April 2024 highlighted delays in police response times, especially in rural areas, as well as inadequate resources to handle these incidents effectively.

6. Impact on Society

Awareness Boost (2023-2024): The protests from January 2023 to April 2024 led to an increase in public awareness regarding road safety and the legal responsibilities of drivers involved in accidents.
Support for Victims (2023-2024): Social organizations rallied around victims’ families, providing legal assistance and counseling, especially after major protests in Delhi (January 2023) and Assam (February 2024).
Focus on Education (2023-2024): Educational campaigns in February 2024 and March 2024 were rolled out to teach drivers about their responsibilities in the event of an accident and the legal consequences of fleeing the scene.

Way Forward: Making Hit and Run Law Effective

To ensure that the hit and run law achieves its intended impact:

Digital reporting tools should be introduced to inform police instantly.
Insurance integration must incentivize compliance.
Legal protection for Good Samaritans must be ensured.
Regional language outreach (including hit and run new law in Hindi, Marathi) must be rolled out.
Awareness campaigns through media and driving schools.
Fast-track courts to dispose of hit and run cases promptly.
Clear legal distinction between intentional and unintentional flight from accident scenes.
Mandatory driving test reforms to include education on hit and run law.
Strengthen accident response infrastructure, especially in rural and remote areas.
Launch state-specific enforcement blueprints, as done in Assam.

Conclusion

The 2024 reform of the hit and run law is a landmark step in road safety governance. By introducing serious penalties, empowering victims, and creating accountability mechanisms, it marks a shift toward a safer, more lawful road culture in India. However, effective implementation, awareness, and institutional support will be key to turning this legal reform into actual societal impact.

CITATIONS

Prelims Practice Question:

Q. With reference to the Bharatiya Nyaya Sanhita (BNS) Act, 2024, which of the following provisions specifically addresses the punishment for hit and run offenses?

A) Section 106(2)
B) Section 187, Motor Vehicles Act, 1988
C) Section 304A, Indian Penal Code
D) Section 376, Indian Penal Code

Mains Practice Question:

Q. Critically examine the recent amendments in the Hit and Run Law under the Bharatiya Nyaya Sanhita (BNS) Act, 2024. How do these changes impact road safety, the accountability of offenders, and the rights of victims? Discuss the challenges in the implementation of this law and suggest measures to address them.

Hit and Run Law in India – Legal Changes, Penalties, and Policy Insights