Introduction:

A recent development regarding the implementation of the “hit and run” provision within the Bharatiya Nyaya Sanhita has sparked discussions and protests among truck, taxi, and bus operators across India. This provision, Section 106(2) of the newly passed criminal code bills, drew attention due to its stringent penalties of up to 10 years’ imprisonment for drivers causing death by rash and negligent driving and fleeing the scene. The All India Motor Transport Congress led a nationwide strike, citing concerns of potential harassment due to this provision, urging the government to withdraw it. However, the government clarified that while the new laws are enacted, their implementation, particularly the hit-and-run provision, will be decided only after consultations with the Motor Transport Congress.

Arguments:

The All India Motor Transport Congress vehemently opposed the stringent penalties outlined in Section 106(2) of the Bharatiya Nyaya Sanhita, arguing that it could lead to undue harassment of drivers. They contended that while recognizing the need for road safety, such severe punishment might deter drivers from carrying out their duties effectively and could adversely affect their livelihoods. The Congress pressed for the withdrawal of this provision, emphasizing the potential negative impact on the transportation sector.

On the government’s side, the press release highlighted their awareness of the concerns raised by the Motor Transport Congress and their commitment to addressing these apprehensions through dialogue and consultation. The government clarified that while these new laws are enacted, they have not yet come into force. They reassured that the decision to invoke Section 106(2) of the Bharatiya Nyaya Sanhita, specifically the hit-and-run provision, would be made only after thorough consultation with the All India Motor Transport Congress.

Court’s Judgement:

The recent press release issued by the government acknowledges the concerns of truckers regarding the hit-and-run provision and confirms detailed discussions with representatives of the All India Motor Transport Congress. It reiterates that the new laws and provisions are not currently in force. Additionally, the government emphasized that the decision to invoke Section 106(2) of the Bharatiya Nyaya Sanhita will be made only after consultations with the Congress. An appeal was made to the Motor Transport Congress and drivers to resume their duties.