Truck drivers Protests are concerned about Section 106 of the Bharatiya Nyaya Sanhita (BNS) due to its impact on hit-and-run accident cases:
- Increased Penalties:
- Section 106 proposes stricter penalties compared to the existing Section 304A of the Indian Penal Code (IPC). It suggests up to 5 years of imprisonment, along with fines, for causing death due to rash or negligent acts, doubling the current 2-year jail term.
- Escaping the Scene:
- The provision introduces severe penalties of up to 10 years in prison for accidents where the driver flees without reporting to authorities promptly. This raises concerns as drivers often fear potential violence or retaliation at the accident scene, leading them to leave before reporting to the police.
Issues raised with these provisions:
- Heightened Criminal Liability:
- The increased severity of punishments adds to the burden of criminal liability on drivers involved in accidents, potentially exacerbating their fears and concerns.
- Fear of Lynching:
- Drivers commonly flee accident scenes out of fear of mob violence or lynching. However, under the new provision, leaving the scene would categorize the incident as a hit-and-run, falling under ‘causing death by rashness or negligence.’
- Neglect of Root Issues:
- Critics highlight the lack of focus on broader issues contributing to accidents, such as poor road conditions. Questions arise about the absence of a comprehensive policy addressing accident prevention, encompassing not just imprisonment but also compensation and safety measures.
The contention revolves around the belief that solely increasing prison terms might not effectively address the multifaceted challenges related to road accidents. Instead, there’s a call for a more holistic approach that considers various factors contributing to accidents, ensuring a more comprehensive solution beyond strict legal penalties.
