MHA seeks to pacify truckers protesting new hit-and-run law

• Bhartiya Nyaya Sanhita has enhanced the punishment for hit-and-run cases.
• This has led to the strike by transporters across the country.
• The meeting of All India Motor Transport Congress has been called in by the Union Ministry of Home Affairs.

What is the issue ?

• Transporters, including bus and taxi unions, have called a nationwide strike from January 1 to January 30.
• The strike is to protest Section 106 of the BNS
• The section prescribes a maximum of punishment of 10 years in cases of rash and negligent driving.
• The government has not notified the implementation of the section.

Impact of the Strike

• Truckers strike sets off panic buying of fuel in several States.
• The drivers have refused to ply their vehicles on the roads.
• The impact of the strike was being felt all over the country,
  • Specially in the northern States of Uttar Pradesh, Punjab, Himachal Pradesh, Jammu and Kashmir, Haryana, and Madhya Pradesh.

What is the stance of the Government ?

• If a driver had accidentally hit someone and informed the police on time, then he or she would face a lesser punishment of five years.
• The duration of sentences in such cases had been increased to 10 years because of the observations made by the Supreme Court

Claims of Drivers

• Whenever an accident takes place, the case is always registered against the driver of the heavy vehicle,
  • Even though the driver of the small vehicle is at fault.
• There are chances of being thrashed.
• In some instances, drivers have been lynched.
• Drivers are an unorganised lot.
• Sometimes the drivers run to save themselves from lynching.

Different Punishment under New Law

• Under new law, doctors face two years of imprisonment for death due to negligence
• Section 106(1) of the BNS provides for a punishment of “0-5 years”, while Section 106(2) provides for a punishment of “0-10 years” in “hit and run” cases.
• Section 106(1), where the sentence is lesser, that is, up to five years, and is a bailable offence. Section 106(2) is a non-bailable offence.

Current Position on Punishment

• Currently, under Section 304A of the Indian Penal Code (IPC), which will be replaced by the Sanhita, the punishment for causing death by negligence is two years imprisonment and fine, or both.

Prelims Takeaway

• Section 304-A of IPC
• Section 106 of the Bharatiya Nyaya Sanhita