National Strike Prompts Home Ministry Meeting with Transporters on Hit-and-Run Penalties

National Strike Prompts Home Ministry Meeting with Transporters on Hit-and-Run Penalties

Tuesday, January 2, 2024
~ 5 min read
Explore the impact of a nationwide strike against increased penalties for hit-and-run incidents as the Home Ministry gears up for a crucial meeting with transporters. Uncover the unfolding dialogue on proposed legal amendments in this must-read update.

Nationwide Strike Amidst Controversy Over New Traffic Laws


Transport workers across the country have initiated a widespread strike in response to proposed changes in the punishment for hit-and-run cases under the upcoming Bharatiya Nyaya Sanhita (BNS). The primary contention centers around the BNS's recommendation of a maximum penalty of 10 years for reckless driving. The strike, affecting bus and taxi unions, commenced on January 1 and is scheduled to last until January 30, primarily in protest of Section 106 of the BNS.



Government's Response and Transporters' Concerns


Addressing the ongoing strike, the Union Ministry of Home Affairs convened a crucial meeting with the All India Motor Transport Congress on January 2. Union Home Secretary Ajay Bhalla clarified that the new laws are not yet in effect and assured transporters that before implementing Section 106(2) of the BNS, consultations with the transport congress would take place. He urged transporters to resume work, emphasizing the need for collaboration.


Kultaran Singh Atwal of the All India Motor Transport Congress shed light on the drivers' perspective, highlighting the unjust practice of holding heavy vehicle drivers accountable for accidents, even when smaller vehicles are at fault. The lack of organization and leadership among drivers increases the risk of violence against them, a concern that has prompted their participation in the strike.


Government Proposals for Hit-and-Run Incidents and Legal Revisions


In response to concerns over hit-and-run incidents, a government source proposed a solution where individuals involved in accidents can move away from the scene, call the police, and potentially avoid severe punishment. The BNS's Section 106(1) suggests a punishment of zero to five years, while Section 106(2) proposes zero to ten years for hit-and-run cases.


Emphasizing the importance of prompt reporting, the government clarified that reporting accidents caused by reckless driving immediately could result in charges under 106(1) with a maximum sentence of five years, constituting a bailable offense. Notably, Section 106(2) is non-bailable.


The amended Section 106(1) of the Sanhita outlines punishments for causing death due to rash or negligent acts, with a maximum imprisonment term of five years. Additionally, in medical procedures, a registered practitioner could face up to two years of imprisonment. A comparison with the current IPC's Section 304A reveals that the existing punishment for causing death by negligence stands at two years of imprisonment and/or a fine.


Conclusion: Understanding the Controversy and Proposed Changes


In conclusion, the nationwide strike by transport workers highlights the ongoing controversy surrounding the proposed changes in punishment for hit-and-run cases under the Bharatiya Nyaya Sanhita (BNS). The concerns, primarily centered around Section 106, have prompted a widespread protest that impacts various states across the country.


As the Union Ministry of Home Affairs engages in discussions with the All India Motor Transport Congress to address the apprehensions of transporters, it is crucial to recognize the perspectives of both the government and the drivers. The issue extends beyond legal amendments, touching upon the broader challenges faced by transport workers in the aftermath of accidents.


Moreover, the government's suggestions regarding hit-and-run incidents and legal revisions under Section 106(1) and 106(2) of the BNS shed light on potential measures to mitigate the impact of accidents and reporting procedures.


Important Note: The information presented in this article is based on publicly available sources on the internet. It is essential for readers to verify the details and stay informed about any developments in this matter through reliable news channels or official announcements.


Understanding the complexities of legal reforms and their implications requires ongoing attention and vigilance from all stakeholders involved. As the situation unfolds, it remains imperative to rely on credible sources for the latest updates and clarifications on this matter.

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