What is the new hit-and-run law?

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What is the new hit-and-run law? Blog Image

Overview:

The countrywide truckers' stir has been called off recently as the government assured that it would consult stakeholders before implementing a contentious law against hit-and-run.

About the new hit-and-run law

  • As per the Bharatiya Nyay Sanhita (BNS), which is a replacement for the British-era Indian Penal Code (IPC), if a driver causes a serious road accident due to careless driving and then leaves without informing the police or any official, they could be punished with up to 10 years in jail and a fine of Rs 7 lakh.
  • BNS has established two distinct categories under the umbrella of "causing death by negligence."
    • The first category addresses causing death through any rash or negligent act that does not amount to culpable homicide.
      • Offenders in this category may face imprisonment for up to five years and a fine.
  • The second category deals with causing death through rash and negligent driving, not amounting to culpable homicide.
    • If the individual escapes without promptly reporting the incident to a police officer or magistrate, they could be subjected to up to 10 years of imprisonment and a fine.
  • What was the hit-and-run law before?
    • The old, British-era IPC did not have a specific provision for hit-and-run cases.
    • Actions in such cases were taken under Section 304 A of the IPC.
    • As per this section, an individual causing the death of another due to a reckless or negligent act could face a maximum jail term of two years or a fine.
    • All cases of hit-and-run, along with other forms of activities that came under the ambit of causing death by a "rash and negligent act" were lodged under Section 304A of the IPC.

Q1) What is Culpable Homicide in IPC?

Culpable Homicide in IPC refers to causing the death of a person by engaging in acts with the intention of causing death, intending to cause such bodily injury that is likely to cause death, or having knowledge that the act is likely to cause death. It is a serious offence, but distinct from murder, as it lacks certain elements of premeditation and extreme culpability. Culpable homicide under Section 299 IPC focuses on the offender’s intention and knowledge, making it a crucial legal concept in distinguishing various degrees of criminal liability for causing the death of another person.

Source: Truckers End Stir After Centre Says 'Hit-And-Run Law Decision After Talks'