Following passing the bills by the Parliament and obtaining assent from the President of India, the three Criminal laws – Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya (BS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) were published in the Gazette of India on December 25, 2023 for general information. These new laws are expected to replace the respective existing laws – IPC, 1860; Indian Evidence Act, 1872; Cr.PC, 1898. Evidently, there is confusion about the implementation of the new criminal laws. It may take at least about a year to finally implement the new laws across the country, considering that the police personnel still need to be trained in the next few months. A task force is constituted to oversee the training under Bureau of Police Research and development.
Drivers’ Strike
Interestingly, the proposed criminal acts have received its first shock in the way of truckers’ strike.
Worried over the increased punishment in cases of hit-and-run accidents, the drivers of trucks, buses and taxies have taken struck work. All the drivers and operators unions have called for nation-wide strike from January 1 to 30 thus paralyzing the whole economic back-bone of this vast country.
All transporters including bus and taxi unions besides truck operators are up in arms against the imposing increased punishment in cases of hit-and-run in the yet-to-be implemented new Act, Bharatiya Nyaya Sanhita (BNS). The new act is passed by the Parliament along with two other Criminal Laws, which is expected to be notified by January 26, although, the real implementation will take about a year before final roll-out of all three laws.
Section 106 of BNS replaces Section 304A of IPC, causing death by negligence: 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 which may extend to two years, or with fine, or with both.
This provision in BNS treat hit-and-run cases on an aggravated way, which made the truckers panic, although, the act is yet-to-be implemented. The situation needs tactful handling. The central government very quickly reached the striking drivers and their unions and also called an urgent meeting with the truck operators and transport orgnaisations. They even promised to consult the unions and trade bodies before it is implemented.
As per the Section 304A in IPC, the punishment for causing death by rash and negligent action would be for a period of 2 years jail term. Under Section 106, it imposes 5 years imprisonment and fine, it prescribes reduced punishment to practicing doctors by 2 year term, when it come to road accidents, if the person due to negligent driving, and jump without informing/reporting to the police or magistrate immediately after the accident, the punishment may be extended to 10 years term and fine.
In reality, the drivers in most occasions run-away from the scene of crime fearing attacks or lynching. In the case of hit-and-run, the offence vehicle is not identifiable and police need to prove culpability of negligence or rashness.
The Hon’ble Courts have point out that the negligent driving need to have strong punishments which may work deterrent against the accidents.
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