Analyzing the implications, punishments, and stakeholder concerns under Section 106 of Bharatiya Nyaya Sanhita, 2023

A Brief Analysis
Law; an ordinance of reason for the common good, made by him who has care of the community: Thomas Aquinas
What does the amended hit & run law say?
Section 106 of the Bharatiya Nyaya Sanhita, 2023, outlines the amended provisions related to hit and run cases. It imposes enhanced punishments for causing the death of any person by a rash or negligent act not amounting to culpable homicide.
(1) The amended law states:
Whoever causes the death of any person by doing any rash or negligent act, not amounting to culpable homicide, shall be punished with imprisonment of either description for a term that may extend to five years and shall also be liable to a fine. If such an act is done by a registered medical practitioner while performing a medical procedure, the punishment may extend to two years, and a fine will be imposed.
Explanation: For the purposes of this subsection, a “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognized under the National Medical Commission Act, 2019, and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
(2) Furthermore:
Whoever causes the death of any person by rash and negligent driving of a 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 for a term that may extend to ten years and shall also be liable to a fine.
The law to penalize individuals accused in hit & run cases was already in place under section 304-A of the Indian Penal Code (now amended). Thousands of cases of such nature are still pending trial before competent courts across the country.
Now, through the recent amendment under section 106(1)(2) of the Bharatiya Nyaya Sanhita, 2023, the Parliament of India has introduced a new provision, thereby enhancing the maximum punishment to up to 10 years with a fine for cases falling under subsection (2) of section 106. This increase to a maximum jail term of ten years responds to Supreme Court judgments calling for stern action against drivers who flee the scene.
Implications of the Amended Law:
The Supreme Court, in multiple cases, has emphasized that strict action should be taken against those drivers who recklessly drive vehicles, cause accidents resulting in someone’s death, and then flee the scene. If a person immediately reports to a police officer or magistrate about the accident caused by reckless driving, the individual will not be charged under subsection 106(2). Instead, the person will be charged under 106(1), where the sentence is lesser, i.e., up to 5 years, and is a bailable offence. Section 106(2) is non-bailable.
The amended Section 106(1) states that “Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. And if such act is done by a registered medical practitioner while performing a medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Contrary to the contention of the drivers that they fear mob justice even when they are not at fault, the amended law has been introduced in a beautiful manner that has made every endeavor to strike a balance between individual and public interests. Therefore, the need of the hour is to listen to all the stakeholders so as to get their doubts cleared to pave the way for the implementation of the public welfare laws passed by the Central Government in letter and spirit.
The writer (B.Sc. LLB, University of Kashmir and PG Political Science) is a Government Law Officer, Department of Law, Justice & Parliamentary Affairs, UT of J&K. He can be reached at [email protected]

Mudasir Khan