Truck drivers protest against new hit-and-run law

What’s in today’s article?

• Why in news?
• What is the Bharatiya Nyaya (Second) Sanhita, 2023?
• What are the key provisions of the Bharatiya Nyaya (Second) Sanhita, 2023?
• New law on hit-and-run cases
• Why are truck, bus and tanker drivers protesting against it?

Why in news?

• The government assured the members of the transport body that the new laws have nor been implemented yet and will only be implemented after consultation with AIMTC(All India Motor Transport Congress)
• Transporters and auto-driver associations in India are protesting against a new law related to hit-and-run incidents.
• The three-day strike was launched to protest against the stringent jail and fine regulations under the newly implemented Bharatiya Nyay Sanhita (BNS) for hit-and-run cases.

The Bharatiya Nyaya (Second) Sanhita, 2023

• Recently, the Bharatiya Nyaya (Second) Sanhita (BNS) has received Presidential assent, and it will replace the 163-year-old Indian Penal Code.
• However, the Central government is yet to notify the date of enforcement.
  • As per various reports, roll-out schedule of 3 new criminal codes will be notified by January 26.

Key provisions of the Bharatiya Nyaya (Second) Sanhita, 2023

• Community Service As Form Of Punishment
  • Community service has been introduced as a form of punishment under Section 4, although it has not been defined what community service entails.
• Offences Against Woman And Child
  • The new BNS adds Chapter V naming “Of Offences Against Woman and Child Of Sexual Offences”.
  • All the offences relating to woman and child have been placed under one chapter in the beginning of the Code, which was earlier spread under various chapters and parts.
• Marital Rape With Minor Wife Is Offence
  • As per exception of Rape which is Section 63 of BNS, sexual intercourse or sexual acts by a man with his own wife, where the wife is not under eighteen years of age, would not be rape.
  • However, under IPC, the age of wife to not to constitute rape was “fifteen years”.
• Sexual Intercourse By Employing Deceitful Means, etc.
  • BNS introduces sexual intercourse by employing deceitful means, etc as offence
• Enhanced Punishment In Case Of Gangrape Of Victim Of Under 18 Years Of Age
  • Such acts have been punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death.
• Printing or Publishing Trial Court Proceeding Relating To Sexual Offences Without Permission Of Court Is An Offence
• Section 377 Deleted
  • The BNS has completely deleted the offence, implying that forcible carnal intercourse against a man and bestiality are no longer offences under BNS.
• Offence Of Adultery Omitted
  • In view of Apex Court’s judgement in Joseph Shine’s case the offence of Adultery has been deleted, however, second BNS retains Section 498 of the IPC (Section 84) which penalises a man for enticing the wife of another man so that she may have intercourse with any person.
• Organised Crime
  • The new law has added organised crime under Section 111, and if the crime results in the death of any person, maximum prescribed punishment is death penalty.
• Punishment For Being A Member of an Organised Crime Syndicate
  • Any person who is a member of an organised crime syndicate will be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and can also be liable to fine which will not be less than five lakh rupees.
• Petty Organised Crime
  • BNS has also added Petty Organised Crime under Section 112.
  • Punishment prescribed for committing any petty organised crime is imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.
• Terrorist Act
  • A major development brought about by the criminal law amendment is the addition of the “Terrorist Act,” which did not find a place in the IPC.
  • BNS II has removed vaguely used words such as “intimidating the public or disturbing public order”.
• Sedition is no longer an offence
  • Under BNS II, Sedition is no longer an offence. Instead, there is a new offence for acts endangering the sovereignty, unity and integrity of India.
• Mob lynching
  • ‘Mob lynching’ has been made a separate offence under the BNS, with a maximum punishment of death penalty.
  • Now, murder by a group of five or more persons on grounds of certain identity markers such as caste, language or personal belief will called mob lynching.
• Lesser Punishments To Doctors For Causing Death By Negligence Vis-A-Vis Other Offenders
• Stringent Punishment For Hit and Run Cases
• Introduced Snatching As A Distinct Offence
• Attempt To Suicide Is No Longer An Offence
  • The BNS removes section 309 of the Indian Penal Code (IPC). This means that attempted suicide is no longer a criminal offense.
  • However, the BNS criminalizes attempting suicide to prevent a public servant from carrying out their duty.
• Transgender Included In Definition Of Gender

New law on hit-and-run cases

• The protest is primarily in response to the Bharatiya Nyay Sanhita (BNS), which replaced the Indian Penal Code (IPC).
• Under the BNS, drivers causing serious road accidents through negligent driving and fleeing without informing authorities can now face up to 10 years of imprisonment or a fine of Rs 7 lakh.
• This marks a significant increase from the previous punishment of two years under the IPC.

Why are truck, bus and tanker drivers protesting against it?

• Unjust punishments
  • Private transport operators have claimed that the law discourages drivers and may lead to unjust punishments.
• Drivers may be subjected to mob violence
  • They also claim that the drivers could be subject to mob violence when they attempt to transport the injured to hospitals.
• Lack of Consultation
  • This provision is also criticized due to the lack of consultations with stakeholders before implementing the new law.
  • As per the protestors, there should be a discussion on this issue. A misleading situation is created now. People are not completely aware of the new law.

Q1) What is the Indian Penal Code (IPC)?

The Indian Penal Code (IPC) was the official criminal code of India until December 2023, when it was replaced by Bharatiya Nyaya Sanhita. The IPC was a comprehensive code that defined criminal offenses and prescribed punishments for them. It was in operation for 160 years.

Q2) What are organised crimes? 

Organized crime is a continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public demand. Its continuing existence is maintained through corruption of public officials and the use of intimidation, threats or force to protect its operations.

Source: Why truck drivers across states are protesting against new law for hit-and-run cases | PRS | Live Law | Times of India