Panic at Hyderabad petrol bunks as bus, truck drivers protest new law in hit-and-run cases

Hyderabad: Petrol pumps in Hyderabad witnessed long queues on Tuesday as people rushed to fill up their vehicles fearing shortage of fuel amid the truck drivers’ protest against a provision in the new penal law on hit-and-run accident cases involving motorists.

Truck drivers and private bus drivers began a three-day protest on Monday, blocking major highways and roads throughout the nation for the second consecutive day.

This has created a panic among the public, resulting in several petrol bunks in the city limits including Attapur, Rajendranagar and Uppar Palli witnessing long lines that extended onto the roads. Some of the bunks closed businesses with display boards announcing that there is no stock.

What are the demands?

The bus and truck drivers are demanding the government to repeal the new provisions, stating that the stringent penalties are a threat of their livelihoods.

What does the new law say?

Under the Bharatiya Nyaya Sanhita, the newly proposed criminal code of India which replaces the colonial era Indian Penal Code, drivers who cause a serious road accident by negligent driving and flee from the accident site without informing police or any official from the administration can face up to 10 years imprisonment or a fine of Rs 7 lakhs.

“Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine,” states Section 106(2) of the new Bharatiya Nyaya Sanhita.

What is the old law?

The old, British-era Indian Penal Code (IPC) does not have a specific provision for hit-and-run cases. Actions in such cases were taken under Section 304A of the IPC.

According to that section, a person causing the death of another due through a rash or negligent act could invite a jail term of a maximum of two years or be fined.

“Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both,” the section stated.

All cases of hit-and-run along with other forms of activities that came under the ambit of “rash and negligent act” were lodged under Section 304A of the IPC.

Drivers will not face stringent provision if they inform police:

A driver who accidentally hits a person and subsequently informs police or takes the victim to the nearest hospital will not be prosecuted under the stringent provision of the recently enacted Bharatiya Nyaya Sanhita (BNS), a senior government functionary said.

According to the BNS, "Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine."

Dismissing as "misplaced" the apprehensions of some truckers, who are protesting against the new law and keeping off the roads, the functionary said the provision of hit-and-run cases will be applicable to only those drivers who will try to escape without the informing the police.

"The driver who informs police about the accident will not be prosecuted under the stringent law. If the driver fears that he will be attacked if he stops at the spot of the accident, he can go to the nearest police station or can call police or the toll free emergency helpline number 108 and inform about the accident," the functionary said.

In such cases, the driver just have to inform the police about the vehicle number, contact details and tell that he would cooperate in the investigation whenever required.

In such cases, the functionary said, the stringent provision of the law will not be applicable.

However, if the drivers runs away from the spot without informing the police, the strict provision of the law will be slapped. Similarly, strong provision will be slapped in cases of drunken driving and subsequent accident.