Year on, new law to deal with hit-&-run cases still under review

Even after over one year of their implementation, a special provision in the new criminal laws to deal with hit-and-run cases is still under review and has not been implemented yet.

The hit-and-run cases have come under focus after the world’s oldest marathoner Fauja Singh was recently killed in an accident. He was thrown around seven feet into the air after being struck by an SUV as he was walking across the Jalandhar-Pathankot highway at his native Beas village in Jalandhar.

Though the Punjab Police have registered an FIR under Sections 281 (driving or riding on a public way in a manner that is considered rash or negligent) and 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita (BNS) in connection with the 114-year-old marathoner’s death in the hit-and-run case, the implementation of Section 106(2) of the BNS, which deals with causing death by rash or negligent driving, and then escaping or failing to report the incident, is still pending.

While Section 281 provides for a maximum of six-month jail or up to Rs 1,000 fine or both and Section 105 carries up to 10-year jail term and fine, depending upon the cause and intention of causing death, the yet-to-be-implemented Section 106(2) has a provision of imprisonment up to 10 years and fine.

Chandigarh Senior Superintendent of Police (SSP) Kanwardeep Kaur told The Tribune that Section 106(2) of the BNS was specially formulated to deal with the hit-and-run cases, but the same is under review and its implementation is pending.

However, Section 106(1) of the BNS deals with causing death by rash or negligent act without escape or failure to report and carries a maximum of 7-year imprisonment.

In the British-era Indian Penal Code (IPC), which was replaced with the BNS on July 1 last, the maximum provision of imprisonment for causing death by negligence under Section 304-A was up to two years or fine or both. The other Sections of IPC that dealt with such cases are Section 336 (up to 3-month imprisonment or fine up to Rs 250), Section 337 (up to 6-month jail term or up to Rs 500 fine or both), Section 338 (up to 2-year jail or Rs 1,000 fine or both) and Section 279 (up to 6-month jail or Rs 1,000 fine or both).

Kanwardeep, who has been dealing with new criminal laws after they were first implemented in Chandigarh last year, disclosed that the BNS has more stringent provisions to deal with the hit-and-run cases with Sections 125, 125(A), 125(B), 281 and 106(1) providing for jail term up to seven years.

“Once Section 106(2) of the BNS, which exclusively deals with hit-and-run cases, gets implemented, the imprisonment will go up to 10 years along with fine,” the SSP said, while adding that it will serve as a deterrent to the offenders.

Two persons lose their lives and more than three sustain injuries in at least five hit-and-run cases reported in Chandigarh every month, if the official data is any indication.

In the past one year, at least 22 persons had lost their lives and 38 others were left seriously injured in 58 such cases registered in Chandigarh. The police have made 36 arrests in these cases.

The possibility of more cases and casualties could not be ruled out as several blind incidents go unreported or are dealt under inquest proceedings.

According to official data, a maximum of 12 hit-and-run cases had been registered at the Sector 26 police station followed by six each in Sector 11 and 36, five in Industrial Area, four each in Sector 34 and 49, three each in Sector 3, 17, Sarangpur, Manimajra, Sector 31 and Sector 39, two in Maloya and one at Sector 19 police station between June 1, 2024, and June 30, 2025.

When it comes to casualties in such accidents, a maximum of four deaths each had been reported in area under Sector 11, 26 and Industrial Area police stations, three each in Sector 36 and Sarangpur and one each within the limits of Sector 3, Sector 17, Manimajra and Sector 34 police stations.

Among 38 injured persons in hit-and-run cases, a maximum of nine had sustained injuries within Sector 26 police station limits, followed by four in Sector 49, three each in Sector 31, Sector 34, Sector 36, Sector 39, two each in Sector 3, Sector 11, Sector 17, Industrial Area, Manimajra and Maloya, and one in area under the Sector 19 police station.

Chandigarh