Section 106(2) of the BNS, 2023

Section 106(2) of the BNS, 2023

News: Protests and debates surrounding Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023, were initiated by transporters and commercial drivers.

What is Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023 (BNS)?
• It outlines a maximum punishment of 10 years and a fine in hit-and-run cases. There is no provision which specifies the exact amount of fine to be imposed. Thus, the claims of fine being Rs. 7 Lakh are not true.
• If the driver escapes to protect himself from the bystanders but reports the incident to the police or magistrate shortly thereafter, then the offence will be registered under section 106(1). However, if the driver escapes without reporting the incident to the police or magistrate shortly thereafter, then an offence will be registered, under Section 106(2) of BNS.

• It is a non–bailable section.
• Section 161 of the 2019 Motor Vehicles (Amendment) Act offers compensation for hit-and-run victims, unlike Section 106(2) of BNS, under which the drivers are not obligated to pay this compensation.

What was the demand of protestors/transporters?
• Transporters demand the withdrawal or amendment of Section 106 (2), citing concerns about excessive penalties for unintentional accidents and the failure of the law to consider the challenging working conditions faced by drivers.
• They argue that the new law fails to consider factors like long driving hours and difficult roads and external factors like poor visibility.
• There is a feeling among Drivers that they are wrongly held responsible for accidents. Their concerns are justifiable as smaller vehicles do tend to get away from rash driving.
• Growing fear that law enforcement agencies may misuse the law, might discourage people from entering or staying in the transport profession.

What is the justification for Stringency?
• The National Crime Records Bureau recorded 47,806 hit-and-run incidents in 2022, resulting in 50,815 deaths.
• The stringent punishment aims to deter drivers from engaging in rash and negligent driving that can lead to fatal accidents.
• In 2022, the country witnessed over 1.68 lakh road crash fatalities, averaging 462 deaths daily.
• Despite a global decrease, India experienced a 12% increase in road accidents and a 9.4% rise in fatalities.
• The economic loss due to road crashes amounts to 5-7% of India\'s GDP annually.

Way Forward
• Road accidents in India remain a significant public health concern. The World Health Organization (WHO) reports that India has one of the highest road traffic death rates globally.
• Factors contributing to road accidents include inadequate road infrastructure, non-compliance with traffic rules, inadequate law enforcement, and the lack of awareness about road safety.
• Thus, there is growing need of education and awareness programs that look to promote a culture of road safety, discipline and comply with rules and regulations.
• Equally important is to leverage technology for better traffic management, surveillance, and emergency response can contribute to creating safer road environments.