Following truck driver’s protest on Tuesday, the Centre had issued a press release stating that the hit and run provision of Bharatiya Nyaya Sanhita, that seeks to replace the Indian Penal Code, will be invoked only after consultations with the All India Motor Transport Congress.
On December 25, President Droupadi Murmu gave assent to the three new criminal code bills that both houses of the Parliament recently cleared. The new laws namely, the Bharatiya Nyaya Sanhita, the Bhartiya Nagarik Suraksha Sanhita, the Bharatiya Sakshya Sanhita will replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act of 1872.
Though BNS provisions are yet to come into force, this hit and run provision (Section 106(2)) has attracted much attention. According to the 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. The truck drivers protested against the same and went on a nationwide strike, asking the central government to withdraw the provision. They asserted that this provision could lead to their undue harassment.
Notably, 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. Speaking about the new provision, the government has 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. The government further appealed to all the truck drivers to return to their jobs.
The press release read that the Government of India has taken cognizance of the concerns of truckers regarding the provision of 10 years imprisonment and fine, under the Section 106 (2) of the Bharatiya Nyay Sanhita and held detailed discussion with the representatives of the All India Motor Transport Congress.