Hit and Run Law : India is among those countries where hit and run cases are highest and deaths are highest. Every year about four and a half lakh road accidents occur in India, in which one and a half lakh people die. 25 to 30 thousand people lose their lives in hit and run cases.
Now the government has made strict rules in the hit and run case in the Indian Judicial Code (Bharatiya Nyaya Sanhita 2023). Truck and bus drivers across the country have come out on the streets in protest against this law. Drivers from all the states including Delhi, UP, Bihar, Gujarat, Madhya Pradesh, Rajasthan are on strike.
First understand the meaning of hit and run
‘Hit and Run’ It is a type of road accident in which after a vehicle collides with another vehicle, person or thing, the driver runs away from the place for fear of being caught, without stopping or trying to help.
For example, if a vehicle hits or crushes a person and then the driver runs away from the accident site without helping the injured person. This is a criminal matter. Laws have been made to prevent such incidents. But now the law has been made more strict than before.
Difference in hit and run law before and now
President Draupadi Murmu recently told the Parliament Three new criminal justice bills were passed and approved. These three MLAs have now become laws. Soon these new laws will replace the old laws of IPC. Of these, one of the provisions of the Indian Judicial Code is ‘Hit and Run’. is being opposed. Earlier, according to the old law, in case of hit and run, if there was negligent driving, causing death of someone due to negligence or endangering someone’s life, action was taken under sections 279, 304A, 338, in which the maximum punishment of two years in jail. There is provision. Not only this, the accused person also gets bail immediately.
Now, under Section 104(2) of the Indian Judicial Code, strict action will be taken against the accused in the hit and run case. If a person dies due to carelessness or rash driving and the accused driver absconds from the spot without informing the police, then he can get a punishment of up to 10 years. You may also have to pay a fine of Rs 7 lakh. Even if the accused driver does not run away from the accident site, he can be sentenced to up to five years in prison. Both the cases are non-bailable and the most important thing is that the accused driver will not get bail from the police station.
Why are hit and run cases increasing in India?
If we look at the latest data released by the Union Transport Ministry, we find that there have been 17 percent more cases of hit and run in 2022 as compared to 2021. The number of deaths among these was 17 percent more than last year. The number of injured has also increased by 20 percent.
Since 2005, about four and a half lakh road accidents are happening every year in India. Just in 2020, this figure had gone below four lakhs when the nationwide lockdown was imposed. At that time there were 3 lakh 72 thousand 181 accidents in the country, in which 1,38,383 people lost their lives.
Demands and arguments of the protesting drivers
Drivers across the country are protesting against the new provision made in the law. All India Truck Drivers Organization has called for a strike. Their demand is that their strike will continue until the government withdraws the new law on hit and run. Till then he will not drive bus or truck. The transport system has come to a standstill in many states. Transport traders are also opposing the new transport rules.
The protesters protesting across the country against the new provision in the law have different arguments. He says what will happen to his family if he is put in jail for five or ten years. On the allegation of running away from the spot after a road accident, the protesting driver argues that if he does not run away from the accident spot, the mob will attack him and may even kill him. Often the crowd becomes furious after road accidents.
Some protesting drivers also claim that the government has resorted to ‘hit and run’ tactics. Strict provisions have been made in this matter on the lines of foreign countries, but before this the government needs to focus on better road and transport system in India like abroad.
What is the law in developed countries like America, Japan
Hit and run cases also occur in developed countries like America and Japan. According to an article by American law firm Justia, it is a crime in America to leave the accident site under any circumstances after a road accident. Here the laws of different states are different. Leaving the scene of an accident without notifying the police can result in license cancellation, jail time, and a fine of up to $20,000.
According to NHTSA, fatal hit-and-run cases in the US increased by 89.4 percent from 2012 to 2021. Cases increased by 89.4% from 1469 in 2012 to 2783 in 2021. However, in America the number of deaths due to hint and run is very less. In the year 2016, the maximum number of deaths was 2049. However, if we look at all the small and big hit-and-run cases here, the figure is much higher than India. On average, more than seven lakh cases are registered every year.
According to the Road Traffic Act in Japan, if a car driver hits a person on the road and that person is seriously injured or dies, the accused can be sentenced to a maximum of 7 years in prison. Or a fine of up to 1 million yen can be imposed. However, if the other person has not suffered serious injury, one may be exempted from punishment. Compared to America, Germany and France, there are very few road accidents in Japan. Here in the year 2020, only 3416 people lost their lives in road accidents.
India is far behind compared to developed countries like America, Japan, Norway, Sweden. Here the number of deaths due to hint and run is very high. According to experts, the main reason for the high number of hit and run cases in India is carelessness and irresponsible behavior. Most people do not follow road rules. Such as wearing seat belts, overspeeding and drunk driving.
Summary:
- 1. India has the highest number of hit and run cases, with 25 to 30 thousand people losing their lives in these incidents every year.
- 2. The government has made strict rules in the hit and run case in the Indian Judicial Code, which has led to protests by truck and bus drivers across the country.
- 3. Hit and run is a type of road accident in which the driver runs away from the place after colliding with another vehicle, person, or thing.
- 4. The old hit and run law in India allowed for a maximum punishment of two years in jail, and the accused person also got bail immediately.
- 5. The new law under Section 104(2) of the Indian Judicial Code allows for stricter action against the accused in hit and run cases, with a punishment of up to 10 years in jail and a fine of Rs 7 lakh.
- 6. Hit and run cases have been increasing in India, with 17 percent more cases reported in 2022 as compared to 2021.
- 7. Drivers across the country are protesting against the new provision made in the law, and the All India Truck Drivers Organization has called for a strike until the government withdraws the new law on hit and run.
- 8. Protesters argue that they may face mob violence if they do not run away from the accident spot, and that the government should focus on improving the road and transport system in India instead of making strict provisions.
- 9. Hit and run cases are also a problem in developed countries like America and Japan, but the number of deaths due to these incidents is much lower as compared to India.
- 10. Leaving the scene of an accident after a road accident is a crime in America, and can result in license cancellation, jail time, and a fine of up to $20,000.
