India's hit-and-run provision remains dormant two years after new criminal code launch
Two years after the Bharatiya Nyaya Sanhita replaced the IPC, its hit-and-run clause (Section 106 (2)) has not been brought into force, prompting inconsistent charges in recent fatal crashes.
More than two years after the Bharatiya Nyaya Sanhita superseded the Indian Penal Code, the specific offense for hit-and-run drivers—Section 106 (2)—remains inactive. Recent high-profile accidents in Gurugram and Kerala illustrate how police resort to alternative charges, such as attempt-to-murder or culpable homicide, because the dedicated provision cannot be applied. Policy experts from Crashfree India, PRAN Foundation and SaveLIFE Foundation warn that this gap leads to mis-aligned prosecutions and delays in delivering justice.
The government announced a consultation with the All India Motor Transport Congress before deciding on enforcement, citing fears of severe punishment and mob retaliation. Critics stress that the clause is essential not only for deterrence but also to encourage prompt reporting and medical aid at crash sites. Without it, victims may lose timely assistance and the legal system lacks a tool to penalise drivers who abandon accidents, even when injuries are non-fatal.
Why it matters
The inactive hit-and-run law creates legal gaps that hinder accountability and timely aid for road-crash victims.
In this story
