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Every Seventh Road Accident in India Was a Hit-and-Run in 2022: Why Truckers Opposed the New Law

The reported one-in-seven hit-and-run share refers to Indian road accidents in 2022. Here’s what BNS Section 106 says, why truckers protested and what the dated official records establish about the law’s commencement.
Entry094 Date Time4 min MechanicCarCody Team
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The “every seventh” figure refers to a reported 14.6% of road accidents in India in 2022—not to the current rate. Truckers objected to the Bharatiya Nyaya Sanhita’s (BNS) proposed harsher punishment for fatal hit-and-run cases. The law provides for up to 10 years in prison under Section 106(2), but official records cited here say that subsection was excluded from the BNS’s general commencement on 1 July 2024. Those records do not establish whether a later notification brought it into force.

How many road accidents in India are hit-and-run?

Scroll.in reported that hit-and-run incidents made up 14.6% of road accidents in India in 2022—roughly one in seven. The year and attribution matter: this is not a 2026 figure or a current estimate.

The Ministry of Road Transport and Highways (MoRTH) reported 4,61,312 road accidents and 1,68,491 road-accident fatalities in 2022. But MoRTH has said it does not compile data on the nature of deaths. Its fatality total therefore cannot independently confirm the 14.6% hit-and-run share.

MoRTH’s announcement of its 2022 road-accident report says the annual report is based on police-supplied data. The reported hit-and-run percentage should still be attributed to Scroll.in, rather than presented as a figure independently verified by that announcement.

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What is the new hit-and-run law in India?

Section 106 of the BNS distinguishes between causing a death through a rash or negligent act and causing a death through rash and negligent driving followed by leaving without reporting the incident. The latter circumstance is covered by subsection (2), which provides for a maximum 10-year prison term and a fine. The statute does not set a ₹10 lakh fine for that offence.

Provision Conduct covered Penalty stated in the Act Commencement information
Section 106(1) Causing death by a rash or negligent act that does not amount to culpable homicide. Imprisonment of up to five years and a fine. For a registered medical practitioner performing a medical procedure, the subsection sets a separate maximum of two years’ imprisonment and a fine. The BNS’s general commencement date was 1 July 2024.
Section 106(2) Causing death by rash and negligent driving and “escapes without reporting it to a police officer or a Magistrate soon after the incident”. Imprisonment of up to 10 years and a fine. The subsection does not specify a ₹10 lakh amount. Expressly excepted from the BNS’s general commencement on 1 July 2024. The cited official records do not establish whether a later notification changed its status.

The distinction is not simply between a driver who stays and one who leaves. Section 106(2) describes a fatal incident caused by rash and negligent driving and adds the failure to report soon after the incident. Section 106(1) covers a broader category of death caused by a rash or negligent act, subject to the wording and exceptions in the Act.

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Is Section 106(2) in force?

The BNS commencement note sets 1 July 2024 as the general start date but expressly excludes Section 106(2). Separately, in a Rajya Sabha answer on 7 February 2024, the government said: “The above provisions of the Sanhita have not yet come into force.” That answer records the position at that time; it is not proof of the subsection’s status after February 2024.

The official records described here do not establish whether a subsequent notification brought Section 106(2) into force. So the 10-year maximum can be described as the punishment written into the subsection, but its present commencement status should not be stated as settled on the basis of those dated records alone.

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Why were truckers protesting the new hit-and-run law?

Truckers’ and drivers’ unions reportedly held strikes or dharnas in several states, objecting to the enhanced punishment and raising concerns about imprisonment and fines. Those were reported concerns, not findings that the law was unfair or that it had produced a particular outcome.

In its 7 February 2024 parliamentary answer, MoRTH said the government had taken note of the concerns and met members of the All India Motor Transport Congress (AIMTC) on 2 January 2024. The answer said no details of losses had been reported. The Ministry of Home Affairs also said the government would invoke Section 106(2) only after consultation with AIMTC; that statement does not establish a later commencement date.

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Was the proposed fine ₹10 lakh?

No ₹10 lakh figure appears in the text of Section 106(2). The statute says an offender is liable to a fine but does not specify the amount. The Ministry of Home Affairs’ explainer rejected the claim directly: “The amount of fine being ₹10 lakh is completely false.” Its clarification should be distinguished from the enacted text: the Act provides for a fine, while the subsection itself does not state a fixed ₹10 lakh amount.

How does criminal liability differ from victim compensation?

Criminal punishment under the BNS is separate from compensation under the motor-accident victim scheme. A MoRTH release on 24 July 2024 described enhanced compensation of ₹50,000 for grievous hurt and ₹2,00,000 in case of death in hit-and-run motor accidents. These are compensation amounts for victims, not fines imposed on a driver under Section 106(2). The release also discussed Good Samaritan protections for people who help road-accident victims.

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MoRTH reported 1,68,491 road-accident fatalities in 2022, but said it does not compile the nature of death. That total is useful road-safety context, not a count of hit-and-run deaths.

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