Road Accidents and New HIT and RUN Law

Transporters and commercial drivers from States like Maharashtra, Chhattisgarh, West Bengal, and Punjab have staged protests against the recent legislation concerning hit-and-run incidents.

Principle underlying the law – It wants to prevent drivers from engaging in rash and negligent driving that may lead to death.

The National Crime Records Bureau (NCRB) recorded 47,806 hit and run incidents which resulted in the deaths of 50,815 people in 2022.

• It creates a positive obligation on part of the offender to report such an incident to the police or magistrate
• It enforces moral responsibility on the part of the offender towards the victim of a road accident.
• Such conversion of moral responsibility into a legal duty is not new to cases pertaining to motor vehicle accidents.
  • For instance, Section 134 of the Motor Vehicles Act, 1988, requires the driver to take all reasonable steps to secure medical attention for the injured person unless it is not practicable on account of mob fury.

In the case of Rajesh Tyagi versus Jaibir Singh (2021), Delhi High Court had formulated that the offender fleeing from the spot as a significant factor for motor accidents claim.

• Provision – Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023.
• Hit and Run – It is an offence for fleeing an accident spot and failing to report the incident to a police officer or a magistrate.

Section 304A of the Indian Penal Code, 1860 also covers provision on causing of death due to rash or negligent acts under

Penalty – It is up to 10 years in jail and Rs 7 lakh fine.

Section 106 (1) of the BNS applies to rash or negligent driving where if the driver reports the matter to the police, they shall incur a punishment of up to 5 years with a fine.

What are the concerns with the new law?

• Primary concern – Severe punishment of imprisonment and a fine for the drivers.
• Not aligned with the realities of road transport – It fails to consider
  • Driver’s challenging work conditions, including long driving hours and difficult roads.
  • The factors beyond the driver’s control, such as poor visibility due to fog.
  • The scenario of mob violence against drivers in the event that they stop to assist the injured at accident sites.

It may be abused by law enforcement agencies to their detriment.

Against the principles of equality– An exception under 106 (1) of the BNS for doctors, where the punishment will be up to 2 years with a fine.

Other issues – There is no actual mention in the BNS about the fine being Rs 7 lakh.Despite increase in the quantum of punishment, the offence has not been made non-bailable.

Mismatch with existing provision – Section 161 of the Motor Vehicles (Amendment) Act, 2019, provides Rs 2 lakh compensation for victims of hit-and-run accidents and for grievous hurt it is Rs 50,000.Unlike Section 106 (2) of BNS, the compensation in this case is not recoverable from the drivers.

Road Accident Mitigation Measures Taken by the Ministry of Road Transport and Highways?

Education Measures:To create effective public awareness about road safety, the Ministry undertakes various publicity measures and awareness campaigns through social media, electronic media and print media.Further, Ministry implements a scheme to provide financial assistance to various agencies for administering Road Safety Advocacy.

Engineering Measures:Road safety has been made an integral part of road design at planning stage. Road Safety Audit (RSA) of all highway projects has been made mandatory at all stages.The Ministry has notified the mandatory provision of an airbag for the passenger seated on the front seat of a vehicle, next to the driver.

Enforcement Measures:The Motor Vehicles (Amendment) Act, 2019.Electronic Monitoring and Enforcement of Road Safety rules (specify the detailed provisions for placement of electronic enforcement devices (speed camera, body wearable camera, dashboard camera, etc)).

What are the Initiatives Related to Road Safety?

Global:

Brasilia Declaration on Road Safety (2015):The declaration was signed at the second Global High-Level Conference on Road Safety held in Brazil. India is a signatory to the Declaration.The countries plan to achieve Sustainable Development Goal 3.6 i.e., to halve the number of global deaths and injuries from road traffic accidents by 2030.

Decade of Action for Road Safety 2021-2030:The UN General Assemblyadopted resolution "Improving global road safety " with the ambitious target of preventing at least 50% of road traffic deaths and injuries by 2030.The Global Plan aligns with the Stockholm Declaration by emphasizing the importance of a holistic approach to road safety.The International Road Assessment Programme (iRAP): It is a registered charity dedicated to saving lives through safer roads.

India:

Motor Vehicles Amendment Act, 2019:The Act hikes the penalties for traffic violations, defective vehicles, juvenile driving, etc.It provides for a Motor Vehicle Accident Fund, which would provide compulsory insurance cover to all road users in India for certain types of accidents.It also provides for a National Road Safety Board, to be created by the Central Government.

The Carriage by Road Act, 2007:The Act provides for the regulation of common carriers, limiting their liability and declaration of the value of goods delivered to them to determine their liability for loss of, or damage to, such goods occasioned by the negligence or criminal acts of themselves, their servants or agents and for matters connected therewith or incidental thereto.

The Control of National Highways (Land and Traffic) Act, 2000:The Act provides for the control of land within the National Highways, right of way and traffic moving on the National Highways and also for removal of unauthorized occupation thereon.

National Highways Authority of India Act 1998:The Act provides for the constitution of an authority for the development, maintenance and management of NHs and for matters connected therewith or incidental thereto.

Sundar Committee Recommendations on Road Safety

• Creation of the National Road Safety & Traffic Management Board, an apex body at the national level to promote road safety and traffic management in the country, to be constituted through an Act of the Parliament with members and experts drawn from various fields including road engineering, automobile engineering, traffic laws, medical care, etc.
• Establishment of State Road Safety & Traffic Management Boards in each state and union territory, with similar functions and powers as the national board, to coordinate with the state governments and local authorities on road safety and traffic management issues.
• Development of a National Road Safety Plan with specific targets, strategies, and action plans for reducing road accidents and fatalities, and enhancing road safety and traffic management.
• Improvement of post-accident care and trauma management, and establishment of a national road accident database and information system, with standardized formats and protocols for data collection, analysis, and dissemination.
• To provide flow of funds, the Committee has suggested earmarking of 1% of total proceeds of cess on diesel and petrol for Road Safety Fund.
• The Committee has also dwelt upon other various issues like decriminalization of road accidents, insurance and dedicated highway police, etc.

Based on the recommendations of the Sundar Committee, the Union Cabinet approved the National Road Safety Policy in 2010.