In a significant legal development, India has introduced a new penal law addressing hit-and-run incidents, imposing harsh penalties for drivers who cause fatalities and flee the scene without reporting the accident. The Bharatiya Nyaya Sanhita, the revised penal law, now stipulates severe consequences for such actions.
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Provisions of the New Law:
According to Section 106 (2) of the Bharatiya Nyaya Sanhita, a driver responsible for a death resulting from rash and negligent driving, who then escapes without reporting the incident to authorities, could face imprisonment for up to 10 years and/or be subjected to fines. The legislation marks a substantial departure from the previous legal framework.
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Previous Legal Framework:
Under the old, British-era Indian Penal Code (IPC), hit-and-run cases were prosecuted under Section 304 A. This section imposed a maximum jail term of two years or a fine for individuals causing death due to rash or negligent acts. The vague nature of the previous law often led to challenges in prosecuting hit-and-run cases effectively.
Enhanced Penalties and Reporting Obligations:
The new law aims to address shortcomings in the earlier legal provisions, introducing stricter penalties to deter reckless driving and hit-and-run incidents. The emphasis on reporting the accident promptly to law enforcement reflects a commitment to ensuring accountability.
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Impact on Offenders:
With the updated legislation, drivers involved in fatal accidents now face the prospect of a decade-long imprisonment, a substantial increase from the previous maximum of two years. The imposition of fines adds an additional layer of accountability, signaling a stronger stance against hit-and-run offenses.
Government’s Response:
The introduction of the amended penal law is part of ongoing efforts by the government to enhance road safety and hold individuals accountable for their actions. The legal reform addresses a critical gap in the previous legal framework, providing a more comprehensive approach to tackling hit-and-run incidents.
The enactment of the new penal law signifies a significant step forward in India’s legal landscape, reflecting a commitment to prioritizing road safety and holding individuals accountable for their actions. The stringent penalties outlined in the legislation are expected to act as a deterrent, promoting responsible driving and reducing the incidence of hit-and-run accidents.
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