MUDASIR MUSHTAQ KHAN
Law; an ordinance of reason for the common good, made by him who has care of the community (Thomas Aquinas)
What does amended hit & run law says:
The amended law enumurates:
- (1) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Explanation.— For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
Furthermore the law states:
(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a 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 law to penalise the individuals accused in hit & run cases was already in place under section 304-A òf Indian Penal Code (now amended).
Thousands òf cases of are still pending trial before the competent courts across the country.
Now through the recent amendment Parliament of India introduced a new provision under section 106 (1) (2) of BHARATIYA NYAYA SANHITA, 2023 thereby enhanced the punishment maximum punishment up to 10 years with a fine for the cases falling under sub-section (2) of section 106. Pertinently the increase to a maximum jail term of ten years comes in response to Supreme Court judgments calling for stern action against drivers who flee the scene. However if a driver has accidentally hit someone and informs the police in time, then he or she will face a lesser punishment .
Implications of the amended law:
The Supreme Court has stated in multiple cases that strict action should be taken against those drivers who recklessly drive vehicles, cause accidents resulting in someone’s death, and then flee the scene. If a person immediately reports to a police officer or magistrate about the accident caused by reckless driving the individual will not be charged under subsection 106 (2). Instead, the person will be charged under 106 (1), where the sentence is lesser, i.e. up to 5 years and is a bailable offence. Section 106 (2) is non-bailable. The amended Section 106 (1) of the Sanhita says that “Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical
procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. In contrary the contention of the drivers that they fear mob justice even when they are not at fault. But as discussed above the amended law has been introduced in a beautiful manner which had made every endeavour to strike a balance between individual & public interests . Therefore the need of the hour is to listen to all the stake holders so as to get their doubts cleared in order to pave way for implementation of the public welfare laws passed by the Central Government in letter & spirit.
(The authors is Government Law Officer,
UT of J&K).