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The Hindu in Hindi: Drivers' strike is the right time to test the severity of hit-and-run law, read January 4 editorial


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  • Drivers' Strike Is The Right Time To Test The Severity Of Hit and Run Law, Read The Hindu January 4 Editorial

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The provision of the Indian Judicial Code (BNS), considers hit-and-run accident cases as a serious form of death caused by haste or negligence.

This rule will be the first in the code to be implemented so far, its seriousness was examined.

Due to this provision, truck drivers stayed away from work and went on strike due to being upset with Section 106 of BNS.

The effect of this was that the government has promised to implement it only after consultation with the All India Motor Transport Congress.

However, the transport body has taken the stance that the strike was resorted to primarily by drivers who feared higher penalties.

But this issue will need to be handled tactfully.

This has now become an issue which concerns the transport workers i.e. drivers more than those running the transport business.

It seems that the strike against the law that makes penal provisions more stringent related to hit-and-run accidents is not justified. Especially in the context when road accidents are becoming a major source of deaths in the country.

However, it has also drawn attention to the question whether there was a case for increasing the prison sentence for accidents from two to five years in all cases and to ten years in case of failure to report to the authorities.

Drivers' strike tests severity of hit-and-run section in new penal code

Section 106 of the BNS will replace Section 304A of the IPC, which punishes causing death by rash and negligent act, which does not amount to culpable homicide.

The current section provides for a jail sentence of two years. Section 106 has three components: First, it provides for a prison sentence of up to five years in addition to a fine for causing death by rash or negligent acts.

Second, it provides for less criminal liability for registered doctors, with a jail term of up to two years if death occurs during a medical procedure.

The second section deals with road accidents, in which if the person driving rashly and negligently runs away without informing any police officer or magistrate immediately after the incident, the punishment may extend to 10 years and fine.

Drivers run away from the accident site due to fear of the crowd. In such cases, officials believe that such drivers may drive away from the crime scene and then report to the police.

The term 'hit-and-run' is one in which the vehicle involved in the attack is not identified. It must be emphasized that once the person involved in a fatal accident is identified, the onus remains on the police to prove him guilty of rashness or negligence.

Given that many accidents are also caused by poor road conditions, a question raised is whether the law should focus on increasing prison terms or a comprehensive accident prevention policy package covering imprisonment, compensation and safety. should do.

Source: The Hindu

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