In this Article I'm going to discuss how the new criminal law Bharathiya
Nyaya Sanhitha (BNS) has stirred controversy , concerning its impact on the
This apprehension basically stems from the fear of the stringent penalties for
non compliance of the law by fleeing away from the accident spot and not
reporting the accident. The latest changes in the criminal code imposes up to 10
years in jail and 7 lakh fine for hit and run case. Earlier the punishment for
the same offence in issue is around 2 years imprisonment under section 304 A
which implies causing death by accident which was replaced by the new law under
section 106 (2) of BNS in an attempt to get rid of the colonial laws.
Section 106 (2) of BNS mandates that offenders who causes death by rash and
negligent driving would be penalized with 10 years imprisonment along with fine
of up to 7 lakh rupees if they flew away from the accident spot.
These truck drivers argue that the these punitive measures would
disproportionately affect their livelihood . These truck drivers may face the
safety concerns because if these truck drivers choose not to run , the prospect
of physical harm from an outraged mob would possess a genuine threat. Because
after the accident the emotions can run high and the bystanders might react
They believe that the new law might act like a deterrent by discouraging the new
drivers to enter into the field and also the existing drivers might take a
career shift that would impact the transport to affect day to day activities.
Adding to this , they believe that the accidents they cause are unintentional.
They state that no one would willfully commit such act causing chaos. They feel
that the new law should not penalize drivers for unforeseeable events. They
worry that sometimes due to fog or other conditions beyond their control, they
might commit these accidents and imposing such severe punishment will be
In my Opinion ,The fear of being attacked will influence the truck drivers to
prioritize personal safety over legal obligation. Addressing these concerns
requires a collaborative effort by both the government policy makers and the
stake holders in order to balance safety measures with the practical realities
of the truck drivers.
In conclusion, the concerns that were voiced by the truck drivers are valid. It
would be a potential discouragement for truck drivers and the apprehension of
punitive measures for unintentional accident underscore the need for a balanced
approach in implementing new laws.