New Hit and Run Laws: Impact on Truck Drivers and Transportation Industry
Nationwide protests: Truck drivers across India, particularly in Maharashtra, Chhattisgarh, West Bengal, and Punjab, took to the streets to voice their opposition.
Driver concerns: Protesters argued that the stricter punishments were unfair and could deter people from entering the trucking profession.
Industry impact: The new law raised fears of exacerbating an existing driver shortage in India's transportation sector.
Demands: Demonstrators called for a complete repeal of the law, rejecting mere adjustments as insufficient.
Section 106 (2) of the Bharatiya Nyaya Sanhita (BNS) pertains to drivers involved in accidents that result in death due to reckless or negligent driving, excluding intentional murder.
If a driver leaves the accident scene without promptly informing the police or a magistrate, they face a punishment of up to 10 years in prison and an unspecified fine.
The government is taking steps to reduce hit-and-run accidents in India, which result in thousands of deaths each year. By raising penalties, the law aims to encourage drivers to remain at the scene of an accident, which can:
Ensure injured victims receive timely medical assistance.
Ensure injured victims receive timely medical assistance.
In 2022, India experienced a rise in road accidents and fatalities, with accidents increasing by 12% and deaths by 9.4%, while global road accident deaths decreased by 5%. On average, there is one death every three and a half minutes due to road accidents in India, equating to about 19 deaths per hour.
accidents in India, equating to about 19 deaths per hour.
India witnessed over 47,000 hit-and-run accidents, leading to more than 50,000 deaths, according to the National Crime Records Bureau.
Globally, since 2010, road traffic deaths have decreased by 5%, with an annual total of 1.19 million. However, India has the highest number of road accident deaths, followed by China, the United States, Indonesia, and the Russian Federation.
Truckers protested due to several concerns raised by the All India Motor Transport Congress (AIMTC), the national truckers’ body, along with individual drivers and transporters:
Excessive Punishment: They argue that a 10-year jail term is excessively harsh, especially for unavoidable accidents. Situations such as sudden mechanical failures or swerving to avoid pedestrians or animals are not adequately considered by the law, which fails to differentiate between genuine accidents and intentional recklessness 2025
Fear of Indian Roads: Indian roads can be extremely dangerous, and truck drivers often risk their lives to deliver goods. They argue that in such hazardous conditions, accidents are sometimes unavoidable.
Financial Strain: Many truck drivers have low incomes and struggle to support their families. The prospect of imprisonment and hefty fines could devastate their livelihoods.
The response from the All India Motor Transport Congress (AIMTC) was swift and significant. They called for a nationwide strike, which brought India's supply chains to a standstill. The disruption affected the distribution of essential commodities like food, medicine, and fuel, underscoring the crucial role truck drivers play in the country’s economy. This pressure forced the government to pause the implementation of the law and engage in further discussions with stakeholders.
In Maharashtra, the protests escalated with drivers blocking roads and throwing stones, resulting in injuries to police officers and damage to vehicles. There were also concerns about potential fuel shortages.
In Chhattisgarh, around 12,000 private bus drivers went on strike, leaving many people stranded and causing anxiety at gas stations.
Similar disruptions occurred in West Bengal, Punjab, and Madhya Pradesh, where normal operations were severely affected.
The new hit and run law in the Bharatiya Nyaya Sanhita (BNS) faces several challenges and issues.
Unclear reporting procedure: The law does not specify the timeline within which a driver involved in an accident must report the incident. This ambiguity could lead to confusion and potential misuse.
Potential for misuse: The harsh penalties prescribed by the law, including up to 10 years' imprisonment for failing to report an accident, might discourage drivers from reporting accidents even if they were not at fault. This could lead to the law being misused.
Non-bailable offense: While Section 106(1) of the BNS deals with rash or negligent driving, which is punishable by up to five years in prison and a fine, the law is not yet classified as a non-bailable offense. This means that obtaining bail might be easier for those charged under the law.
Lack of specific fine amount: The law does not mention a specific fine amount for hit and run incidents, which could lead to inconsistencies in sentencing and penalties.
Compensation vs. fine: The compensation for victims (₹2 lakh for death, ₹50,000 for serious injuries) is provided under the Motor Vehicles Act and is not recoverable from the driver under the BNS. This separation between the compensation and the fine imposed on the driver could create confusion and challenges in the implementation of the law.
Overall, the new hit and run law in the BNS faces several issues, including unclear reporting procedures, potential for misuse, lack of clarity on bailable offenses, absence of specific fine amounts, and the disconnect between compensation and fines. These challenges will need to be addressed to ensure the effective and fair implementation of the law
In response to the pushback from the trucking industry, the government has taken the following steps regarding the hit and run new law:
Postponed Implementation: Recognizing the industry's concerns, the government has agreed to postpone the implementation of the new hit and run law. This pause allows for further discussions with the representatives of the trucking industry, or other relevant stakeholders.
Stakeholder Dialogues: The government's goal is to find a solution that addresses road safety concerns without unfairly targeting truck drivers. To this end, they have initiated discussions with the trucking industry.
Stalled Negotiations: However, the talks between the government and the powerful All India Motor Transport Congress (AIMTC) are currently on hold. The AIMTC remains adamant about the complete cancellation of the law, rather than just modifications.
Faced with this opposition, the government agreed to postpone the implementation of the new hit-and-run law and hold consultations with trucking sector representatives (stakeholders). The goal is to discover a solution that increases road safety without disproportionately affecting truck drivers. However, these discussions are currently on hold.
The All India Motor Transport Congress, a prominent trucker organization, is adamant about the law's complete repeal, not simply changes. They even threaten a nationwide walkout if the government carries out the bill as written. A strike of this magnitude might have a huge impact on the country's transportation sector, according to truckers.
Finally, our truck drivers’ and transporters’ protest has achieved justice, and the government has taken this into consideration. Mr. Halla Ji, the Secretary, mentioned that the hit and run new law will be put on hold until it is discussed with All India Motor Transport Congress.
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