As a life update, I’ve moved on from OVERDRIVE, a title that nurtured me and my talents for so many years. I’m now making a pitstop along the way at TURBOCHARGED on the highway called Life. So you will continue to read my thoughts, opinions and emotions about the automotive space. Like this one, it’s my first, and as all firsts go, you want to make a big impression. But then along came a provision in the Bharatiya Nyaya Sanhita (BNS), or the new criminal code for India that was passed by Parliament in 2023 to replace the older Indian Penal Code and that made an even bigger impression, on a national scale. Section 106 which replaces the older Section 304A of the IPC was given the assent of the President on December 25th 2023. Section 106, especially clause 2 brought about more stringent repercussions on hit-and-run incidents. It increased the severity of imprisonment from two years to 10 years as well as raised the fines to seven lakh rupees. Section 106 (2) broadly defines what is termed as a hit-and-run incident, and in the BNS comes under the purview of ‘causing death by negligence’.
Here is where things get murky for me. Section 106 (2) is one of just two provisions in the 358 provisions outlined by the BNS pertaining to incidents involving driving/riding. This is surprising because, in India, all sorts of traffic-related incidents come under the purview of Law and Order. Since every road user (people who drive or ride) is licensed, every vehicle registered, any infraction or violation, intentional or otherwise is a criminal offence. India registers the highest number of deaths due to road accidents. This also is one of the top ten reasons for people dying in this country, the other nine being disease – not hunger, terrorism, organised crime, etc. The government runs massive campaigns and spends crores of rupees on road safety! India is the third largest auto market in the world in production and consumption volumes, yet, the transport sector hardly seems to be a critical area for Law and Order under the new BNS, I was certainly hoping for more.
Here is where it gets more interesting. As per Section 281 which comes under the ‘Rash driving or riding on a public way’ – Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or both. For knowingly having driven through a traffic stop light, driving on the wrong side, overspeeding, showboating, driving a faulty vehicle, overloading, and so many other factors could result in the loss of someone else’s life, is only punishable by just a six-month imprisonment sentence. Isn’t the purview of the law to also act as a deterrent, preventing people from behaving and acting illegally by fear of repercussion? Wouldn’t a harsher sentence dissuade people from breaking the law?
Taking corrective measures in India is slower than the rate at which infringements are taking place. People violating traffic regulations are becoming as common as breathing air, an unconscious act. Which is very dangerous for society at large. High time the government adequately recognises and corrects the pandemic of road accident deaths in this country.
