Understanding The Controversy Surrounding 'Hit and Run' Provision Under BNS

Recently, the All India Transporters has called on a nationwide strike to register their protest against a provision contained in the Bhartiya Nyay Sanhita prescribing harsher punishment for causing death in a hit and run cases. Section 106 of BNS stipulates that “Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine”. The BNS has a provision to deal with mob violence in Section 103 which says,“When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.” However, it is important to mention that the plain reading of the clause penalizes the act done by five or more persons in concert, strictly on the grounds mentioned in the clause but otherwise. The excerpts of the press release read as follows: “The Government of India has taken cognizance of the concerns of truckers regarding the provision of 10 years imprisonment and fine, under Section 106 of the Bharatiya Nyay Sanhita and held detailed discussion with the representatives of the All India Motor Transport Congress today. We would also like to point out that the decision to invoke Section 106 of the Bharatiya Nyay Sanhita will be taken only after consultation with the All India Motor Transport Congress.