3 Jan 2024 4:28 AM GMT
In a significant development, the government of India (on January 02) issued a press release stating that “hit and run” provision of Bharatiya Nyaya Sanhita, which seeks to replace the Indian Penal Code, will be invoked only after consultations with the All India Motor Transport Congress.
President Draupadi Murmu, on December 25, assented to the three new criminal code bills that Parliament recently cleared. These new laws, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Sanhita, will replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act of 1872.
While BNS provisions have yet to come into force, this hit-and-run provision (Section 106(2)) has attracted much attention recently. As per this provision, any driver who causes the death of a person by rash and negligent driving and flees from the spot will be jailed for up to 10 years and/or fined. Protesting against the same, operators of trucks, taxis, and buses went on a nationwide strike, asking the central government to withdraw the provision. They claimed that this provision could lead to their undue harassment.
It may be noted that currently, as per Section 304A (causing death by negligence) of IPC, drivers in rash and negligent cases face penalties of up to two years in jail.
Against this backdrop, in its press release, the government said it held a detailed discussion with the All India Motor Transport Congress representatives. Further, the government has also clarified that these laws and provisions have not yet come into force, and the decision to invoke the hit and run specifically shall be only made after the consultation. While stating so, the government has appealed to all the drivers to return to their jobs.
For convenience, the release reads as follows:
"The Government of India has taken cognizance of the concerns of truckers regarding the provision of 10 years imprisonment and fine, under Section 106 (2) of the Bharatiya Nyay Sanhita and held detailed discussion with the representatives of the All India Motor Transport Congress today. The government wants to point out that these new laws and provisions have not yet come into force. We would also like to point out that the decision to invoke Section 106 (2) of the Bharatiya Nyay Sanhita will be taken only after consultation with the All India Motor Transport Congress.We appeal to All India Motor Transport Congress and all the drivers to return to their respective jobs."