hit and run new law

Hit and Run New Law in India 2026: Everything You Need to Know

India has one of the highest rates of road accidents in the world. Every year, thousands of people lose their lives on Indian roads. Many of these deaths happen because drivers run away after hitting someone. To stop this, the government has introduced a hit and run new law under the Bharatiya Nyaya Sanhita (BNS) 2023. This law came into effect on 1 July 2024 and has brought major changes in how India deals with road accident cases.

In this blog, we will explain everything about the hit and run new law in simple words. We will cover what the law says, what happens if you run away after an accident, what rights victims have, and what you should do if you are ever involved in a road accident. This is important information for every driver, passenger, and citizen in India.

What Is the Hit and Run New Law in India?

The hit and run new law is part of Section 106 of the Bharatiya Nyaya Sanhita (BNS) 2023. The BNS is India’s new criminal code that has replaced the old Indian Penal Code (IPC) of 1860. The BNS came into force on 1 July 2024 along with two other new laws: the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA).

Under the old IPC, there was Section 304A which dealt with causing death by negligence. That section gave a maximum punishment of only 2 years. Whether a driver stayed at the accident scene or ran away did not matter under the old law. The punishment was the same in both cases.

The hit and run new law changes this completely. Now, the law looks at what the driver does after the accident. If the driver stays, helps the victim, and reports to the police, the punishment is less. If the driver runs away and does not report the accident, the punishment is much more severe. This is a very important shift in Indian legal thinking.

Why Was This Law Needed? The Problem of Road Accidents in India

Before we go deeper into Section 106, it is important to understand why this law was introduced. India has a serious problem with road accidents. Here are some key facts:

  • India accounts for a large share of global road accident deaths every year.
  • Thousands of hit and run cases are reported annually, where drivers flee after causing accidents.
  • Victims often die because help does not reach them in time. If the driver had stayed and called for help, many lives could be saved.
  • The old IPC Section 304A gave only 2 years of maximum punishment, which was not a strong enough deterrent for reckless drivers.
  • The Supreme Court of India had repeatedly said that strict action should be taken against drivers who flee after causing accidents.

All these reasons pushed the government to include stronger provisions in the new BNS. The hit and run new law is a direct answer to the growing problem of road safety in India. It sends a clear message: if you cause an accident and run away, you will face serious criminal consequences.

Section 106 of BNS: Understanding the Two Parts

Section 106 of the BNS is divided into two sub-sections. Let us look at each one carefully.

Section 106(1): When the Driver Stays and Reports

Section 106(1) applies to cases where a driver causes death or serious injury due to rash or negligent driving, but immediately reports the accident to the police or a magistrate. In such cases:

  • The driver can face imprisonment of up to 5 years.
  • A fine can also be imposed.
  • This is a less severe punishment because the driver took responsibility.
  • The case is treated as causing death by negligence, not as a deliberate criminal act.

The idea behind Section 106(1) is to reward drivers who do the right thing. If you are in an accident, staying at the scene, calling for help, and informing the police protects you from the harsher punishment of Section 106(2).

Section 106(2): When the Driver Flees the Scene

Section 106(2) is the most talked-about part of the hit and run new law. It applies to drivers who cause death through rash or negligent driving and then flee without reporting to the police or magistrate. Under this section:

  • The driver can face imprisonment of up to 10 years.
  • A fine of up to Rs 7 lakh can be imposed.
  • This is a non-bailable and cognizable offence.
  • Police can arrest the driver without a warrant.
  • Bail is not automatically available at the police station level.

This is a huge change from the old law. A driver who flees now faces the same level of legal seriousness as someone who commits a major crime. The government’s message is clear: running away is not an option anymore.

Old Law vs Hit and Run New Law: A Comparison

Here is a simple table comparing the old IPC law with the new BNS law on hit and run cases:

Feature Old Law (IPC Section 304A) Hit and Run New Law (BNS Section 106)
Year of Law Indian Penal Code, 1860 Bharatiya Nyaya Sanhita (BNS), 2023 – effective July 2024
Maximum Punishment 2 years imprisonment Up to 10 years (if driver flees)
Distinction for Fleeing No distinction – same punishment whether driver stayed or ran Clear distinction – lesser punishment if driver reports, harsher if driver flees
Type of Offence Bailable Non-bailable and cognizable (for Section 106(2))
Maximum Fine Not specified separately Up to Rs 7 lakh
Police Arrest Power Warrant required in many cases Can arrest without warrant under Section 106(2)

Current Status of the Hit and Run New Law in 2026

Many people are confused about whether the hit and run new law is fully in force right now. Here is a clear update on the status as of 2026.

Section 106(1): Currently Active

Yes, Section 106(1) of the BNS is fully active and being enforced across India. Drivers who cause accidents due to rash or negligent driving and who report the incident to the police are being charged under this section. The maximum punishment is up to 5 years imprisonment.

Section 106(2): On Hold After Protests

Section 106(2), the stricter part with up to 10 years imprisonment, is currently deferred (put on hold). This happened because of large-scale protests by truck drivers and transport unions across India in early 2024.

Truck drivers said that they were afraid of mob violence after accidents and that they flee the scene to save their own lives, not to escape the law. They argued that the punishment was too harsh and that the law did not take into account the ground realities of road accidents in India.

The All India Motor Transport Congress (AIMTC) led the protests. The Central Government responded by assuring that Section 106(2) would not be enforced until proper consultations are done with all stakeholders including transport unions, drivers, and legal experts.

So right now in 2026, the stricter 10-year punishment for fleeing the scene has not been fully enforced. However, the government continues its consultations, and this section can come into effect at any time once the process is complete. Every driver should be prepared.

Why Did Truck Drivers Protest Against the Hit and Run New Law?

The hit and run new law, especially Section 106(2), triggered one of the biggest protests by truck and transport workers in India. Here are the main reasons why drivers were upset:

  • Fear of Mob Violence: In many accident cases, angry crowds gather and attack drivers on the spot. Drivers said they flee not to escape the law but to escape physical violence from mobs.
  • Unfair Punishment: Drivers felt that 10 years of imprisonment was too harsh for what is often an accident and not a deliberate act.
  • Lack of Road Infrastructure: Many accidents happen because of bad roads, poor lighting, and lack of proper traffic management. Drivers felt they were being blamed for problems caused by poor infrastructure.
  • No Eyewitness Protection: Drivers feared that even innocent drivers could be caught and punished under this law because of false accusations in accident situations.
  • Impact on Livelihood: Many truck drivers are daily wage workers. A 10-year sentence could destroy their families financially.

The government listened to these concerns. This is why Section 106(2) has been put on hold. The debate around the hit and run new law shows how complex road safety laws can be when they deal with real-life situations.

Rights of Hit and Run Victims: What Help Can They Get?

While the hit and run new law focuses on punishing offenders, India also has strong provisions to help victims. Let us look at what support is available for people who are injured or killed in hit and run accidents.

Section 161 of the Motor Vehicles Act: Compensation for Victims

Under Section 161 of the Motor Vehicles Act, 1988, victims of hit and run accidents can receive compensation even if the driver or vehicle is not traced. The current compensation amounts are:

  • Death: Rs 2,00,000 (Rs 2 lakh) to the family of the deceased.
  • Grievous Injury: Rs 50,000 to the injured person.

This compensation comes from the Solatium Fund, which is managed by the General Insurance Corporation (GIC) of India. The claim process is simple and does not require the victim to go to court.

Cashless Treatment Scheme 2025

The Government of India has also introduced a Cashless Treatment Scheme for road accident victims. Under this scheme:

  • Designated hospitals across India must provide free cashless treatment of up to Rs 1.5 lakh.
  • This treatment is given in the first 7 days after the accident.
  • This includes the golden hour, which is the critical first hour after an accident when fast medical treatment can save lives.

This scheme is a big support for accident victims who may not have money for immediate hospital treatment.

How to Claim Compensation for Hit and Run

If you or your family member is a victim of a hit and run accident, here is the step-by-step process to claim compensation:

  1. File an FIR at the nearest police station immediately after the accident.
  2. Get proper medical treatment. You can use the Cashless Treatment Scheme if needed.
  3. Contact the Claims Enquiry Officer (CEO) at the Taluka level in your district.
  4. Fill and submit Form I along with required documents such as FIR copy, medical reports, death certificate (if applicable), and identity proof.
  5. The CEO will investigate and submit a report to the Claims Settlement Commissioner.
  6. The Claims Settlement Commissioner (usually the District Collector or Deputy Commissioner) will process the claim and order payment within 15 days of receiving the report.
  7. The compensation amount will be directly transferred to your bank account online.

What Are the Duties of a Driver After an Accident?

The hit and run new law makes it very clear: your actions after an accident matter legally. Here is what every driver must do if they are involved in a road accident:

  • Stop the vehicle immediately at or near the accident scene.
  • Do not leave the scene. Fleeing makes things legally much worse for you.
  • Call for emergency help. Dial 112 (Police) or 108 (Ambulance) immediately.
  • Try to help the injured person if it is safe to do so. Move them only if there is immediate danger like fire.
  • Do not move the vehicle unless it is blocking emergency traffic.
  • Report the accident to the nearest police station or magistrate as soon as possible.
  • Give your name, contact details, vehicle number, and insurance details to the police.
  • Cooperate with the investigation.

Remember: if you are worried about mob violence or your personal safety at the accident scene, still do not flee permanently. Go to the nearest police station immediately and report the accident yourself. This protects you legally under Section 106(1) of the BNS, and you will not be charged under the harsher Section 106(2).

What Happens If You Are Accused Under the Hit and Run New Law?

If you are accused of a hit and run case under Section 106 of the BNS, here is what can happen legally:

Arrest and Investigation

  • Under Section 106(2), since it is a cognizable offence, police can arrest you without a warrant.
  • Police will register an FIR and begin investigation.
  • Your vehicle may be seized as evidence.

Bail Conditions

  • Since Section 106(2) is non-bailable, you cannot get bail automatically from the police station.
  • You will have to apply for bail before a magistrate or sessions court.
  • The court will decide whether to grant bail based on the facts of the case.

Trial and Punishment

  • The case will be tried in a criminal court.
  • If found guilty under Section 106(1), the punishment can be up to 5 years imprisonment and fine.
  • If found guilty under Section 106(2), the punishment can be up to 10 years imprisonment and a fine of up to Rs 7 lakh.

If you are ever in this situation, the first and most important step is to hire a qualified criminal lawyer. Do not try to handle it yourself.

Good Samaritan Law and Road Accident Help

One concern many people have is: if I stop to help an accident victim, will I get into legal trouble? The answer is no, thanks to the Good Samaritan Law in India.

India’s Good Samaritan guidelines (introduced in 2015 and now supported under the Motor Vehicles Act) protect any person who voluntarily helps an accident victim. Key protections include:

  • You cannot be detained by the police just because you helped.
  • You cannot be made a witness against your will.
  • Your identity is kept confidential unless you choose to reveal it.
  • You are protected from any civil or criminal liability for helping in good faith.

So if you see an accident on the road, please stop and help. You are legally protected when you act in good faith. This spirit of helping others is also what the hit and run new law wants to encourage. When drivers stay and help, lives are saved.

Role of the Supreme Court in Strengthening the Hit and Run New Law

The Supreme Court of India has played a very important role in pushing for stronger hit and run laws. Over the years, the court has said in many judgments that:

  • Reckless driving that leads to death should be treated as a serious criminal offence.
  • Fleeing the accident scene is an aggravating factor that shows the driver’s disregard for human life.
  • The earlier 2-year punishment under IPC Section 304A was completely inadequate as a deterrent.
  • Road safety is a fundamental right issue because citizens have the right to safe roads and public spaces.

The Supreme Court’s consistent stance is one of the main reasons the new BNS was written to include stronger provisions. The 10-year imprisonment under Section 106(2) directly reflects the Supreme Court’s observations that strict action must be taken against drivers who cause accidents and flee.

Road Accident Statistics and Why Hit and Run Is a Big Problem in India

To understand why the hit and run new law was necessary, let us look at some key facts about road accidents and hit and run cases in India:

Key Fact Details
India’s rank in road deaths Among the highest in the world
Old IPC Punishment for Negligent Driving Causing Death Maximum 2 years imprisonment
New BNS Punishment (Stays and Reports) Up to 5 years imprisonment
New BNS Punishment (Flees the Scene) Up to 10 years + Rs 7 lakh fine
Victim Compensation (Death) Rs 2 lakh from Solatium Fund
Victim Compensation (Injury) Rs 50,000 from Solatium Fund
Cashless Hospital Treatment Up to Rs 1.5 lakh for first 7 days

These numbers make one thing clear: India needed a stronger law. The hit and run new law under Section 106 of the BNS is a direct response to the reality that the old law was simply not working.

What Impact Will the Hit and Run New Law Have on Road Safety?

The hit and run new law is expected to have several important effects on road safety and driver behaviour in India:

Positive Effects

  • Stronger Deterrent: The threat of 10 years in jail should make drivers think twice before speeding or driving recklessly.
  • More Responsible Driving: Knowing that fleeing an accident will make things worse legally, drivers may be more likely to stay and help.
  • Faster Help for Victims: If drivers stay at accident scenes, victims get help faster, which saves lives.
  • Better Accountability: The law creates clear accountability. Post-accident behaviour now has serious legal consequences.
  • Respect for Human Life: The law sends a social message that human life cannot be treated cheaply.

Challenges and Concerns

  • Fear of Mob Violence: Drivers, especially truckers, fear that staying at the scene puts them at risk of being beaten by angry crowds. This is a genuine safety concern that the law has not fully addressed.
  • Risk of Misuse: There are worries that the law could be misused to falsely implicate innocent drivers.
  • Infrastructure Problems: Bad roads, poor lighting, and inadequate traffic management contribute to accidents. Punishing drivers alone does not solve the root cause.
  • Awareness Gap: Many drivers, especially in rural areas, are not aware of the hit and run new law and what they should do after an accident.

The government needs to address these challenges through awareness campaigns, better road infrastructure, and clear guidelines on protecting drivers at accident scenes.

What More Needs to Be Done for Road Safety in India?

The hit and run new law is a strong step forward, but law alone is not enough. Here is what experts and road safety advocates say needs to happen:

  • Better Road Infrastructure: The government must invest in better roads, proper lighting, speed breakers, safety barriers, and clear road markings. Many accidents happen because of bad road conditions.
  • Driver Training and Awareness: Many drivers, especially commercial vehicle drivers, need better training. Regular refresher courses on road safety and the new laws should be made mandatory.
  • Emergency Response System: India needs a faster and more effective emergency response system. The 112 and 108 helplines must reach accident scenes quickly in all parts of the country, including rural areas.
  • Public Awareness Campaigns: Most ordinary citizens do not know what to do after an accident. Large-scale public awareness campaigns should be run to educate people about the Good Samaritan law, the hit and run new law, and how to help accident victims.
  • Protection for Drivers at Accident Scenes: The government should create clear protocols to protect drivers from mob violence after accidents. Police response must be fast enough to ensure drivers can safely stay at the scene.
  • Stricter Drunk Driving Enforcement: Many hit and run cases involve drunk driving. Stricter enforcement of drunk driving laws can prevent many accidents from happening in the first place.

Conclusion: The Hit and Run New Law Is a Step Toward Safer Roads

The hit and run new law under Section 106 of the Bharatiya Nyaya Sanhita 2023 marks a historic shift in how India deals with road accident cases. For over 160 years, India’s criminal law treated a driver who helped accident victims the same as one who fled the scene. That has now changed.

The hit and run new law clearly rewards responsible behaviour and punishes cowardice. If you stay and report, you face lesser punishment. If you flee, you face up to 10 years in prison and a fine of Rs 7 lakh. This is a powerful message to every driver on Indian roads.

At the same time, the protests by truck drivers and transport workers have shown that good laws must also be practical. The concerns about mob violence, infrastructure failures, and misuse of the law are real and must be addressed by the government before Section 106(2) is fully enforced.

The bottom line is simple: the hit and run new law is designed to save lives. When drivers stay at accident scenes and call for help, victims get faster medical treatment. Studies across the world show that the first hour after an accident, called the golden hour, is the most critical time for saving a life. Every second counts.

As a responsible citizen and driver, you must know this law, understand your duties, and always choose to do the right thing after an accident. Report it. Help the victim. Call emergency services. That is what the hit and run new law expects from every person on Indian roads — and that is what will ultimately make our roads safer for everyone.

How Does India’s Hit and Run Law Compare to Other Countries?

It is useful to look at how other countries handle hit and run cases. This helps us understand whether India’s hit and run new law is in line with global standards or even stronger.

United States

In the United States, hit and run laws vary by state. In most states, fleeing the scene of an accident causing death is a felony. Punishment can range from 2 years to 15 years or more depending on the state. Drivers are legally required to stop, provide help, and share their details with the victims and authorities. Leaving without doing so is a serious criminal offence.

United Kingdom

In the United Kingdom, under the Road Traffic Act 1988, drivers must stop after an accident and provide their details. Failing to do so can lead to up to 6 months imprisonment and an unlimited fine. For more serious cases where someone is killed, the punishment can be significantly higher. The UK also has a duty of care principle that makes it morally and legally important to help injured people.

Germany

Germany has one of the strictest hit and run laws in Europe. Under Section 142 of the German Criminal Code, fleeing an accident scene is punishable by up to 3 years imprisonment. Drivers must wait at the scene for a reasonable period or immediately report to the police. Germany is also known for its strong road safety culture, which is built on strict enforcement and driver education from a young age.

Australia

In Australia, hit and run offences are taken very seriously. Depending on the state, punishment for leaving an accident scene where a person is killed can be up to 10 years imprisonment. Drivers must stop, render assistance, and report to police. This is very similar to what India’s hit and run new law under Section 106(2) of the BNS is trying to achieve.

Comparing India with these countries, the hit and run new law places India firmly in the category of nations that take road accident accountability seriously. The 10-year provision under Section 106(2) is in fact comparable to or even stronger than many developed countries, showing that India is committed to treating road safety as a serious matter of law and justice.

Tips to Avoid Hit and Run Situations: Safe Driving Advice

The best way to deal with the hit and run new law is to never be in a situation where it applies to you. Safe driving is the foundation of road safety. Here are practical tips every driver should follow:

  • Never Drive Under the Influence: Alcohol and drugs are leading causes of rash driving and road accidents. Never drive after drinking. India’s laws on drunk driving are very strict, and violations can already land you in serious legal trouble even before an accident happens.
  • Obey Speed Limits: Most hit and run accidents happen because drivers are going too fast. Speed limits exist for a reason. Slow down, especially in residential areas, school zones, and areas with heavy foot traffic.
  • Avoid Distracted Driving: Using a mobile phone while driving is one of the most dangerous habits. A single second of distraction can cause a life-altering accident. Keep your phone away while driving. Use hands-free systems only if absolutely necessary.
  • Drive Defensively: Always expect the unexpected. Other drivers, pedestrians, and cyclists may make sudden movements. Keep a safe distance from the vehicle in front and be ready to brake at any time.
  • Check Your Mirrors Regularly: Many accidents happen because drivers do not check their mirrors before changing lanes, turning, or reversing. Make a habit of checking all mirrors before every maneuver.
  • Wear Your Seatbelt and Helmet: Seatbelts save lives in accidents. Helmets are compulsory for motorcycle riders under the Motor Vehicles Act. Wearing them reduces the severity of injuries and can mean the difference between life and death.
  • Be Extra Careful at Night: Night driving is more dangerous than daytime driving. Visibility is low, and many people on the road at night may be drunk or fatigued. Use headlights properly, reduce speed, and be especially watchful at intersections.
  • Maintain Your Vehicle: A well-maintained vehicle is safer. Check your brakes, tyres, lights, and wipers regularly. A vehicle in poor condition is more likely to be involved in an accident.
  • Take Breaks on Long Journeys: Driver fatigue is a major cause of accidents, especially among truck and bus drivers. Take regular breaks every 2 to 3 hours on long journeys. If you feel sleepy, stop and rest.
  • Follow Traffic Rules Always: Red lights, lane markings, zebra crossings, and traffic signs are not optional. They exist to keep you and others safe. Follow them every single time, not just when traffic police are watching.

Remember, the hit and run new law becomes relevant only after an accident. The goal should be to drive so carefully that accidents do not happen at all. Safe driving is a personal responsibility that every driver owes to themselves, their passengers, and every other person on the road.

How Technology Is Helping Enforce the Hit and Run New Law

Technology is playing an increasingly important role in tracking hit and run offenders and improving road safety in India. Here are some ways in which technology is being used:

CCTV Cameras and Surveillance

Major Indian cities now have thousands of CCTV cameras on roads and highways. These cameras record vehicle movements 24 hours a day. In many recent hit and run cases, police have used CCTV footage to identify the vehicle and driver who fled the scene. The expansion of CCTV networks across smaller cities and highways is making it harder for hit and run offenders to escape.

Automatic Number Plate Recognition (ANPR)

ANPR systems can automatically read vehicle number plates in real time. These systems are now being deployed on major roads and toll booths across India. They can instantly check a vehicle’s registration, insurance status, and whether it is wanted in connection with any crime. ANPR makes it much easier to track vehicles involved in hit and run accidents.

Vaahan and Sarathi Databases

India’s Ministry of Road Transport and Highways operates the Vaahan (vehicle registration) and Sarathi (driving licence) databases. These national databases link every registered vehicle and driving licence in India. When a vehicle is involved in a hit and run accident, police can quickly search these databases to find the owner’s details. This makes tracing offenders much faster than before.

GPS and Fleet Tracking

Commercial vehicles like trucks and buses are now required to have GPS tracking devices in India. This means transport companies and the government can track exactly where these vehicles are at any given time. If a commercial vehicle is involved in a hit and run accident, GPS data can be used to prove where the vehicle was and when. This is a powerful tool for law enforcement under the hit and run new law.

Emergency Response Apps

Several apps and digital tools now help people report accidents quickly. The government’s iRAD (Integrated Road Accident Database) app allows citizens and police to report accidents and capture data in real time. The 112 India emergency app connects callers to police, ambulance, and fire services simultaneously. These digital tools support faster response and better documentation of hit and run cases.

Key Takeaways: What Every Indian Driver Must Remember About the Hit and Run New Law

Let us summarise the most important points from this blog so that every reader is clear on what the hit and run new law means for them:

  • The hit and run new law is Section 106 of the Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024.
  • It replaced the old Section 304A of the Indian Penal Code, which gave only 2 years maximum punishment.
  • Under Section 106(1), drivers who report accidents to police face up to 5 years imprisonment.
  • Under Section 106(2), drivers who flee accident scenes face up to 10 years imprisonment and a fine of up to Rs 7 lakh.
  • Section 106(2) is currently deferred pending government consultation with transport unions.
  • Section 106(2) is a non-bailable, cognizable offence — police can arrest without warrant and bail is not automatic.
  • Victims of hit and run accidents can get Rs 2 lakh (death) or Rs 50,000 (injury) compensation from the Solatium Fund.
  • The Cashless Treatment Scheme provides up to Rs 1.5 lakh free hospital treatment for the first 7 days after an accident.
  • The Good Samaritan Law protects anyone who stops to help an accident victim from legal trouble.
  • Technology such as CCTV, ANPR, GPS tracking, and national vehicle databases is making it much harder for hit and run offenders to escape.

Frequently Asked Questions (FAQs) About the Hit and Run New Law

Q1. Is the hit and run new law currently active in India in 2026?

Yes, the hit and run new law under Section 106 of the BNS is active. Section 106(1), which deals with drivers who report the accident, is fully enforced. Section 106(2), the stricter 10-year provision for those who flee, has been temporarily put on hold after transport union protests. The government is in consultation with stakeholders before implementing it.

Q2. What should I do immediately after a road accident?

You should stop your vehicle, call emergency services (112 for police, 108 for ambulance), help the injured if safe to do so, and report the accident to the police immediately. Do not flee the scene. Reporting the accident protects you legally under Section 106(1) of the BNS.

Q3. What is the fine for hit and run under the new law?

Under Section 106(2) of the BNS, if a driver flees after causing death, the fine can be up to Rs 7 lakh along with imprisonment of up to 10 years. Under Section 106(1), for drivers who stay and report, the fine is at the court’s discretion along with up to 5 years imprisonment.

Q4. Can I get bail if charged under Section 106(2) BNS?

No, Section 106(2) is a non-bailable offence. You cannot get automatic bail from the police station. You have to apply for bail before a magistrate or court, and it is up to the court to decide.

Q5. How can a hit and run victim claim compensation?

A hit and run victim or their family can claim compensation by filing an FIR, then approaching the Claims Enquiry Officer at the Taluka level. After investigation, compensation of Rs 2 lakh (for death) or Rs 50,000 (for grievous injury) is paid from the Solatium Fund under the Motor Vehicles Act.

Q6. What was the old hit and run law in India?

The old law was Section 304A of the Indian Penal Code (IPC), which dealt with causing death by negligence. The maximum punishment was 2 years imprisonment, and there was no distinction between drivers who stayed at the scene and those who fled. This law was replaced by Section 106 of the BNS from July 1, 2024.

Q7. Does the hit and run new law apply to all vehicles?

Yes, Section 106 of the BNS applies to all types of motor vehicles including cars, trucks, buses, motorcycles, and other vehicles. The law does not discriminate based on vehicle type.

Q8. What if I left the accident scene due to fear of mob violence?

This is one of the main concerns raised by truck drivers. Legally, your duty is to report the accident as soon as possible even if you left the scene due to safety fears. Go to the nearest police station immediately and report. This may help your legal case. However, the law does not currently have a specific provision for mob violence as a defence for fleeing. This is something the government is reportedly considering in the consultation process for Section 106(2).

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