Section 106(2) BNS: Why Prompt Reporting After a Fatal Accident Still Matters

By Amarjeet Singh, Director, PRAN (Policy Research Action Network) Foundation

Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 provides for imprisonment of up to 10 years and a fine where a driver causes death by rash or negligent driving and flees without reporting the incident to a police officer or Magistrate soon after. Its primary purpose is not merely harsher punishment. It is meant to encourage drivers to stop, report fatal crashes and facilitate prompt medical assistance.

After protests by transport unions in January 2024, the provision was kept on hold and has still not been notified. Section 106(1), which deals with death caused by a rash or negligent act, is in force. Section 106(2) is not, and its continued non-implementation raises important questions about road safety, accountability and the response to fatal hit-and-run incidents.

Prompt reporting and timely medical assistance can make the difference between life and death. Concerns about mob violence against drivers must be addressed, but they should not overshadow the rights of victims or the need to save lives.

The challenge is to ensure that the law encourages safe reporting, timely assistance and accountability, while providing appropriate safeguards for drivers.

I recently shared these views in my comments on a Hindustan Times report by Soumya Chatterjee, brought to wider attention by Road Safety Network.

Disclaimer: This article is for general awareness and is not legal advice. For advice on a specific matter, please consult a qualified advocate.