The hit and run protests in India was a recent event. The protest started in early January 2024 in response to the government introducing a hit and run new law with stricter punishments for hit and run accidents. Truck drivers felt that it is unfair and could discourage people from this profession, potentially worsening a driver shortage. They argued for a complete scrapping of the law, not just adjustments.

This new law is part of the Bharatiya Nyaya Sanhita (BNS), introduced in December 2023, a major reform aiming to replace the colonial-era Indian Penal Code (IPC). It introduced a total of 358 sections, with Section 106(2) specifically addressing hit and run cases.

This went so far that in Maharashtra, Chhattisgarh, West Bengal, and Punjab, truck drivers started hitting the streets.

What is the New Hit and Run Law?

Section 106(2) of the Bharatiya Nyaya Sanhita (BNS) addresses drivers involved in accidents resulting in death from rash or negligent driving. If a driver leaves the scene without reporting the accident to police or magistrate “soon after the incident,” they face maximum penalties of 10 years imprisonment and a fine.

Previously, the Motor Vehicles Act, 1988 and Indian Penal Code sections 279 and 304A governed such cases, carrying lighter punishments—up to 2 years imprisonment or fines. The government deemed these insufficient deterrents.

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Why This Hit and Run New Law?

The government introduced stricter penalties to discourage hit-and-run accidents, which kill thousands annually in India. Increased penalties aim to encourage drivers to remain at accident scenes, enabling:

  • Timely medical attention for injured victims
  • Proper accident investigation and offender identification

India reported alarming statistics in 2022: over 47,000 hit-and-run accidents resulting in 50,000+ deaths. The country experiences approximately one road death every 3.5 minutes. Tamil Nadu recorded the highest accidents (64,105 cases), followed by Madhya Pradesh, Kerala, Uttar Pradesh, and Karnataka.

Since 2010, global road traffic deaths decreased 5% to 1.19 million annually, yet India leads worldwide in accident fatalities.

Why Did Truckers Protest?

The All India Motor Transport Congress (AIMTC) and individual drivers raised several concerns:

Excessive Punishment: A 10-year sentence seems disproportionate for unavoidable accidents involving mechanical failures or emergency maneuvers to avoid pedestrians or animals.

Road Conditions: Indian roads present inherent dangers. Truck drivers risk their lives delivering goods; many accidents remain unavoidable despite precautions.

Financial Hardship: Most truck drivers earn modest incomes barely supporting families. Imprisonment and fines could devastate their livelihoods.

The Impact of the Protest

The AIMTC called a nationwide strike, disrupting supply chains for essential commodities including food, medicine, and fuel—highlighting truckers’ critical economic role. The government subsequently postponed implementation for stakeholder discussions.

Regional impacts included:

  • Maharashtra: Drivers blocked roads, threw stones, injured police, and damaged vehicles; fuel shortages sparked public concern
  • Chhattisgarh: 12,000 private bus drivers struck, stranding city residents and threatening gas station supplies
  • Other states: West Bengal, Punjab, and Madhya Pradesh experienced similar disruptions

Issues with the Hit and Run New Law

  • Unclear Reporting Timeline: The law doesn’t specify how quickly drivers must report accidents
  • Deterrent to Reporting: Harsh penalties might discourage drivers from reporting accidents regardless of fault
  • Non-bailable Classification: While Section 106(1) carries five-year maximum sentences, Section 106(2) hasn’t yet received non-bailable designation, potentially facilitating bail
  • Unspecified Fine Amount: The BNS contains no specific fine amount for hit-and-run cases
  • Separate Compensation: Victim compensation (₹2 lakh for death, ₹50,000 serious injuries) derives from the Motor Vehicles Act and isn’t recoverable from drivers under BNS

What’s Next for Truck Drivers?

The government agreed to postpone implementation pending stakeholder discussions aimed at balancing road safety with fair treatment of drivers. However, talks remain stalled.

The AIMTC demands complete law cancellation rather than modifications, threatening nationwide strikes if enforcement proceeds unchanged. Given trucking’s essential role in national transportation, such strikes could significantly impact the economy. Resolution depends on government willingness to address truckers’ concerns while maintaining safety objectives.

Conclusion

The protests achieved temporary success—the government suspended the law pending discussions with the All India Motor Transport Congress. Officials acknowledged postponing implementation until stakeholder concerns receive proper consideration. However, the law’s ultimate fate remains uncertain as negotiations continue.