Failure to stop and assist the injured on the roads also carries increased penalties
in comparison to the previous law, including imprisonment and fines.
The strike by Truck drivers protesting against the new laws which make hit and run a serious punishable offence is an attempt to bypass accountability which is the basic premise behind the new law. Many citizens including myself have been victims of serious case of negligence on roads by drivers who are driving under the influence of alcohol or are just aggressive on roads especially in areas where police presence is low. It is not just the truck drivers themselves who are at fault, it is rather the transport companies who hire the
drivers, who do not carry out the mandatory checks and balances which have made travelling on Indian roads a nightmare for many families.
The overloading of trucks is a common sight, which is a nuisance for other passengers on the roads and a health hazard. In this era and age, when the government is building world class infrastructure to take our country to the list of developed nations, it is imperative that
we have stringent laws with what promises to be one of biggest killers in the country.
Now it is important to understand what does the new law really say? The new hit and run law (effective December 2023) has some important provisions that gives up to years imprisonment and fine for accidents not amounting to culpable homicide and in the case of some serious injury up to 10 years imprisonment and fine. Failure to stop and assist the injured on the roads also carries increased penalties in comparison to the previous law, including imprisonment and fines. The last provision is imperative as countless people have lost their families and loved ones on the roads due to general apathy, lack of timely medical assistance, with the accused often fleeing the scene of crime.
In the absence of witnesses and any kind of evidence, many perpetrators have ended up
being free. For those who argue against such stringent provisions, there are some statistics that must be looked at before criticizing the new law or questioning its need.
According to the Ministry of Road Transport and Highways’ data, it’s alarming that hit-and-run cases in road accidents are consistently increasing in the country.
In 2020, there were a total of 52,448 hit-and-run incidents, resulting in the loss of lives for 23,159 individuals. In 2021, this figure rose, with 57,415 such incidents and 25,938 people losing their lives. These figures suggests that the existing laws were grossly inadequate for fixing accountability and ensuring justice for victims. A look at laws across the world suggest that the new law aims to catch up with the laws relating to hit and run cases. All countries of the world have imposed significant penalties for fatal and serious injury caused by hit and run, with imprisonment and fines being the primary punishments. However there are some differences, mainly in terms of punishments given where the government has left some room for manoeuvre. While in India, the maximum imprisonment for fatal hit and run (7 years) is lower than Australia (life) and China (10 years or life) however it is similar to some states in the US. It is important to understand the strict punishment is not done with an intent to punish but to provide deterrence and force transport companies to come up with measures which increase accountability. It is also done with an intention to provide citizens their right to safety and security on the roads.
All countries discussed have implemented strict laws and penalties to deter such acts. While the specifics of the laws and penalties may differ, the overall message is clear: leaving the scene of an accident is a serious offense with significant legal repercussions.
Kartikeya Sharma is a Member of Parliament.