Context: The implementation of Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), has sparked a wave of protests among truck drivers across multiple states.
The situation surrounding the protests against Section 106 (2) of Bharatiya Nyaya Sanhita, 2023 (BNS), is complex. The government has introduced the provision to address the increasing road fatalities and instil a sense of moral responsibility among the citizens. However, the demands of the protesters raise valid concerns about the impact of the legislation on drivers, particularly in the context of their challenging work conditions.
Key Aspects About the Issue
Need of Such a Law
- High Fatality Rate: India recorded over 1.68 lakh road crash fatalities in 2022, leading to a daily average of 462 deaths. This indicates the magnitude of the problem and the immediate need for effective interventions.
- Year-on-Year Increase: Despite a global decrease in road crash deaths, India experienced a substantial year-on-year increase of 12% in road accidents and 9.4% in fatalities.
- Frequency of Accidents: The statistic of 19 deaths every hour, translating to one death every three and a half minutes, emphasises the continuous and pervasive nature of the road safety crisis in the country.
- Highway Concerns: Over half of all road fatalities occurring on national and state highways, which constitute less than 5% of the total road network, indicates a critical need for targeted safety measures on these specific road types.
- High number of Hit and Run cases: The National Crime Records Bureau recorded 47,806 hit and run incidents which resulted in the deaths of 50,815 people in 2022.
- Global Comparison: Despite having only 1% of the world's vehicles, India accounts for approximately 10% of crash-related deaths. This highlights the disproportionate impact and challenges faced by the country in managing road safety.
- Economic Impact: The economic loss of 5-7% of GDP annually due to road crashes further emphasises the multifaceted impact of road accidents, extending beyond human lives to economic consequences.
To address such challenges, the government introduced new provisions under Bhartiya Nyaya Samhita to deter drivers from engaging in rash and negligent driving that can lead to fatalities. These provisions also impose a positive obligation on offenders to report such incidents, emphasizing moral responsibility toward the victims.
Contested Provisions of Bhartiya Nyaya Samhita
Section 106: Causing death by negligence
- Whoever causes 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 five years, and shall also be liable to fine.
- 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.
But the above provision led many drivers from different states to take to the road, expressing certain concerns.
Concerns of Protesters about the brought provisions:
- Severity of Punishment: Transporters argue that the 10-year imprisonment and ₹7 lakh fine for fleeing the scene of an accident without reporting it is excessive.
- Work Condition: They contend that this penalty fails to consider the challenging work conditions, long driving hours, and difficult roads that drivers often face.
- Unintentional Accidents: Accidents may occur due to factors beyond the driver's control, such as poor visibility due to fog and the law remains silent on such unintentional accidents.
- Fear of Mob Violence: The fear of mob violence against drivers who stop to assist the injured at accident sites is mentioned, indicating potential safety risks for drivers.
- Negative Impact on the Transport Industry: Drivers are worried that the stringent penalties may discourage individuals from joining or continuing in the transport profession, leading to a potential negative impact on the transport industry.
Issues need to be addressed
- Misinformation: There is a need to address misinformation about the legislation, such as the incorrect claim that the fine for fleeing the accident spot is ₹7 lakh which is not mentioned under the provisions.
- Revisiting and Reconciling Clauses: The suggestion to revisit and reconcile the clauses, particularly distinguishing between rash and negligent driving, is a valid consideration.
- Differentiating the degrees of liability and punishment based on the nature of the incident could address the concerns raised by the protesters. Applying a single clause universally may unfairly prejudice drivers facing diverse circumstances.
- Community Service and License Revocation: In cases resulting in minor injuries, alternative measures such as community service, license revocation, or mandatory driving retests could provide a more nuanced approach, helping avoid criminalizing every incident and considering the circumstances of each case.
Balancing Road Safety and Drivers’ Concerns: A way Ahead
- Revisiting and refining the legislation based on a holistic understanding of the issues raised by protesters could lead to a more just and effective legal framework.
- All the stakeholders should engage in a constructive dialogue to address the concerns of transporters while ensuring public safety on the roads.