Legal Consequences with regard to Hit-and-Run Offenses in India
Recent hit-and-run accidents in India, including high-profile cases involving a BMW in Mumbai and a Porsche Accident in Pune, have brought the critical issue of accountability in such cases back into the spotlight. These incidents are just the tip of the iceberg, as countless others go unreported every year, further complicating the problem.
According to the Ministry of Road Transport and Highways, the number of hit-and-run cases in India surged from 49,576 in 2013 to an alarming 69,822 in 2018. While COVID-19 restrictions led to a temporary dip, with only 52,448 cases reported in 2020, the numbers have climbed again post-pandemic, reaching 67,387 cases in 2022.
The 2022 NCRB report showed that only 16% of the 47,806 registered hit-and-run cases led to convictions, highlighting delays in justice. It also revealed that most hit-and-run incidents (58.9%) were caused by speeding, while 26.4% were due to careless driving. Weather conditions were responsible for 3% of cases, and driving under the influence of drugs or alcohol accounted for 1.7%. High-profile celebrity cases, such as the Salman Khan hit-and-run case, have drawn significant attention to the gaps in enforcement and public perception regarding hit-and-run accidents.
What is a Hit-and-Run Case?
A hit-and-run happens when a driver causes an accident that results in injury, death, or property damage and leaves the scene without stopping to help, identifying themselves, or reporting the incident to the police. In India, this is a serious crime under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Motor Vehicles Act, 1988 (MVA).
In cases like Salman Khan’s, which led to lengthy legal battles, the legal consequences of such incidents become even more scrutinized. The handling of celebrity criminal cases in India often raises questions about equality before the law, influencing both public opinion and the judiciary’s approach.
Challenges in Enforcing Hit-and-Run Laws in India
Even though strong legal frameworks are in place, enforcing these laws can be difficult. Several factors make it challenging to hold hit-and-run offenders accountable:
- Lack of CCTV coverage: Many areas don’t have enough surveillance, making it hard to identify offenders.
- Slow police response: Delays in investigations often make it harder to catch the drivers responsible.
- Limited public awareness: Many people don’t know how to respond in hit-and-run situations, which can allow offenders to escape.
The well-known State Tr.P.S. Lodhi Colony vs Sanjeev Nanda case, also a hit-and-run, demonstrates how delays and a lack of immediate evidence can make it difficult to secure justice swiftly. This case also sheds light on how high-profile cases can bring public pressure, affecting legal proceedings.
The Need for Stronger Enforcement
There is growing pressure to improve how hit-and-run laws are enforced. Suggestions include:
- Stricter enforcement of existing laws: Making sure offenders face legal consequences.
- Upgraded traffic monitoring systems: Install more CCTV cameras and use technology to track offenders.
- Harsher penalties: Increasing fines and jail time for those involved in hit-and-run cases to discourage others.
The Bharatiya Nyaya Sanhita, 2023 (BNS) plays a vital role in strengthening legal consequences. For instance, Section 106(2) introduces harsher penalties for those who escape after causing fatal accidents. This is different from the previous framework, making it crucial for offenders to not only drive responsibly but also to report accidents, avoiding additional legal jeopardy.
However, victim compensation in hit-and-run cases remains a significant challenge. While the Motor Vehicles (Amendment) Act, 2019 has increased compensation, the process of accessing these funds can be cumbersome for the victims or their families, especially if the offenders are never caught.
Legal Framework Governing Hit-and-Run Cases in India:
In India the legal framework governing the hit-and-run cases in India is inculcated under the Bharatiya Nyaya Sanhita, 2023 (“BNS”), the Motor Vehicles Act, 1988 (“MVA”) and the Motor Vehicle (Amendment) Act, 2019.
Bharatiya Nyaya Sanhita, 2023 (“BNS”)
Section 281 (Rash driving or riding in a public way): This section deals with cases where the accused drives recklessly, endangering others’ lives. It prescribes imprisonment for up to six months, a fine, or both.
Section 125(a) (Causing hurt by act endangering life or personal safety of others): When the hit and run results in injuries to a person, this section applies. The punishment can be imprisonment for up to six months, a fine which may extend to five thousand rupees or both.
Section 125(b) (Causing grievous hurt by act endangering life or personal safety of others): If the accident causes grievous hurt to a person, this section comes into play. The offender may face imprisonment for up to two years, a fine which may extend to ten thousand rupees or both.
Section 106(1) (Causing death by negligence): In cases where a hit-and-run accident leads to the death of a person not amounting to culpable homicide, this section applies. The punishment can range from imprisonment for up to 5 years, a fine, or both.
Section 106(2) If the person liable for punishment u/s 106(1), BNS found guilty of not reporting the same to a Magistrate or a police officer then the punishment can be extended by another 5 years aggregating to 10 years and shall also be liable for fine. Notably, this section requires proof of both “rash” and “negligent” conduct, and failure to report the accident may lead to increased punishment.
However, the requirement to report incidents may raise constitutional concerns under Article 20(3) of the Indian Constitution, as such reporting could be considered self-incriminating. The issue of compelled testimony was previously examined by the Supreme Court in Nandini Satpathy vs. P.L. Dani, which broadly interpreted Article 20(3) to include protection from mental coercion.
While culpable homicide not amounting to murder under Section 105 of the BNS and drunk driving cases both carry stringent penalties, the key difference lies in the intent behind the actions. Hit-and-run cases often fall into a grey area of negligent or rash acts, which complicates their classification under Indian law.
Motor Vehicle Act, 1988 (“MVA”)
Section 134 of the Motor Vehicles Act, requires the driver involved in an accident to take reasonable steps to get medical help for any injured person. However, if there are circumstances beyond the driver’s control, such as a violent mob or other serious threats, they may prioritize their own safety first.
In some cases, whether the driver fled the scene can impact the compensation process, as seen in the Rajesh Tyagi vs. Jaibir Singh case from 2021. The law also requires the driver to report the accident to authorities within 24 hours.
Under the Motor Vehicle Insurance Laws in India, having insurance is mandatory to cover liabilities arising out of accidents, including providing compensation for injuries or death.
Section 161 of the MVA defines a hit-and-run as an accident where the person responsible cannot be identified despite efforts to do so. If a victim dies or is seriously injured in a hit-and-run, the victim or their family is entitled to compensation.
Under the Motor Vehicles (Amendment) Act, 2019, the compensation is fixed at ₹2 lakh or more for death and ₹50,000 or more for serious injury. This money is provided by the General Insurance Corporation of India.
Landmark cases on Hit-and-Run cases in India
In this case, the Supreme Court mandated strict action for accidents caused by drunken driving, resulting in the application of Section 304 (II) for culpable homicide not amounting to murder. This decision set the precedent for charging drunk drivers under more severe sections if they cause death.
Involving the infamous 1999 Delhi hit-and-run case, Sanjeev Nanda was convicted for running over six people. His conviction brought attention to how high-profile cases can delay the delivery of justice due to media attention and public pressure.
This case involved a juvenile being charged with a hit-and-run offence under Section 304 of the IPC. The Supreme Court’s ruling, which reduced the charge to a “serious” rather than “heinous” offence due to the absence of a minimum sentence, underscored the complexities of trying minors for serious offences like hit-and-run.
Conclusion
The rising number of hit-and-run cases in India is a grave concern that demands immediate attention and action. The introduction of the BNS Act, 2023, with its stricter penalties, is a welcome step toward addressing this issue. However, the effectiveness of these laws will depend on their rigorous enforcement by law enforcement agencies and the judiciary.
The increasing intersection of celebrity trials, such as the Salman Khan and Sanjeev Nanda cases, with public discourse on hit-and-run cases, highlights the need for equal treatment before the law. How Bollywood influences society through these trials, combined with the public’s fascination with these high-profile cases, reflects the need for transparent and swift judicial processes.
The 2019 amendments to the Motor Vehicles Act, which increased penalties and compensation for victims, marked a step in the right direction. However, gaps in enforcement, delayed investigations, and a lack of stringent deterrents continue to undermine the legal response, leaving many families struggling for justice.
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This article was written and submitted by Akhil and you can reach out to the author at Akhil@bnblegal.com.
