India records approximately 150,000 road accident deaths annually, making it one of the world’s most dangerous countries for drivers and pedestrians. Among the most troubling incidents are hit-and-run cases—where drivers flee accident scenes without helping victims or informing authorities. To address this crisis, the Indian government replaced the 160-year-old Indian Penal Code with the Bharatiya Nyaya Sanhita (BNS), 2023, which came into force on July 1, 2024.
Section 106 of the BNS represents a landmark shift in how India’s criminal justice system treats vehicular accidents. Unlike the previous legal framework, the new law makes a crucial distinction: drivers who immediately report accidents and assist victims receive significantly lighter sentences than those who flee the scene. This article explains every aspect of BNS Section 106—what it means, how it works, current penalties, and why it remains partially suspended as of January 2026.
Understanding BNS Section 106: The Two-Part Framework
The Bharatiya Nyaya Sanhita’s Section 106 (titled “Causing death by negligence”) contains two distinct subsections that determine punishment based on driver behavior after the accident occurs.
Section 106(1): The Responsible Driver
When it applies: A driver causes death through rash or negligent driving and immediately reports the incident to the nearest police station or magistrate.
Punishment: Up to 5 years imprisonment and fine.
Why it exists: This provision incentivizes accountability. By encouraging drivers to stay at the scene, admit responsibility, and report the incident promptly, the law increases the chances of timely medical intervention for victims and faster investigation.
Section 106(2): The Fleeing Driver
When it applies: A driver causes death through rash or negligent driving and flees the scene without reporting the incident to police or a magistrate.
Punishment: Up to 10 years imprisonment and fine.
Current Status: This provision is temporarily deferred and not yet in force due to nationwide protests (explained below).
How BNS Section 106 Compares to the Old Law
The transformation from the Indian Penal Code to BNS is dramatic. Under the old Section 304A of the IPC, hit-and-run cases resulting in death faced a maximum penalty of just 2 years imprisonment. Police and courts had no separate, stringent framework to punish drivers who fled accident scenes.
The new BNS law achieves three critical objectives:
- Graded Punishment: A 5-year sentence rewards reporting; a 10-year sentence severely punishes fleeing.
- Moral Accountability: The law explicitly recognizes that failing to help an accident victim is morally reprehensible and legally distinct from negligent driving itself.
- Victim Protection: By making reporting mandatory, the law ensures faster emergency response and higher chances of victim survival.
Example: Under the old IPC, a truck driver who hit a pedestrian, caused death, and then sped away could serve only 2 years. Under the new BNS, if Section 106(2) is implemented, that same driver could face 10 years—a five-fold increase in accountability.
What Must a Driver Do After an Accident?
The law makes it crystal clear that drivers have a legal duty to act responsibly immediately after an accident. Here are the required steps:
- Stop the vehicle immediately without unnecessary delay.
- Provide reasonable assistance to injured persons (call ambulance, provide first aid if trained).
- Report to the nearest police station or magistrate “soon after the incident.”
- Share personal details including name, address, license number, and vehicle registration.
- Cooperate with police investigation.
The phrase “soon after the incident” is critical. While the law doesn’t define an exact time limit, courts will likely interpret this as a reasonable and prompt time, allowing for delays only if the driver fears immediate mob violence.
Important: Drivers are required to report the incident even if they believe they were not at fault. Failure to do so can still result in penalties under the Motor Vehicles Act Section 187 (6 months imprisonment or ₹5,000 fine).
Motor Vehicles Act Section 187: The Companion Provision
While BNS Section 106 addresses death by negligence, the Motor Vehicles Act Section 187 handles more general hit-and-run violations. This provision applies to drivers who fail to comply with accident-related duties, including failure to stop, assist, or inform authorities.
Punishment under MVA Section 187:
- First offense: Up to 6 months imprisonment or fine up to ₹5,000 (or both)
- Subsequent offense: Up to 1 year imprisonment or fine up to ₹10,000 (or both)
Currently in force: Yes, unlike BNS Section 106(2).
This means that even though the strictest 10-year provision is deferred, drivers who flee accident scenes can still face penalties under MVA Section 187 immediately.
Why Was Section 106(2) Deferred?
In January 2024, India witnessed widespread protests by transporters, truck drivers, and transport unions. The nationwide “chakka jam” paralyzed highways and disrupted essential supplies. Drivers demanded the withdrawal or amendment of Section 106(2), citing several concerns:
Key Concerns Raised:
1. Excessive Punishment
- A 10-year sentence for fleeing an accident (even unintentionally caused) seems disproportionate to many, especially compared to penalties doctors face (maximum 2 years under Section 106 BNS for negligent medical procedures).
2. Fear of Mob Violence
- Commercial drivers, particularly truck operators, fear being lynched by angry crowds if they stop. Some argued fleeing is a survival instinct, not callousness.
3. Vulnerability of Drivers
- Long working hours, poor road conditions, and high stress make accidents more likely for professional drivers, who then face harsher punishment.
4. Potential for Misuse
- Concerns that victims’ families, corrupt police, or extortionists could falsely implicate drivers to extract money.
5. Self-Incrimination Issues
- Protesters argued the law essentially forces drivers to confess (“I caused the death”), violating constitutional protections against self-incrimination.
Government’s Response:
Rather than implement Section 106(2) on July 1, 2024, the government deferred the provision and assured stakeholders that implementation would only proceed after consultations with:
- All India Motor Transport Congress (AIMTC)
- Transport associations
- Drivers’ unions
- Other stakeholders
As of January 2026, these consultations remain ongoing, and Section 106(2) has not been notified for implementation.
Compensation for Hit-and-Run Victims
Recognizing that victims shouldn’t suffer financially, the Motor Vehicles Act provides a Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022:
| Type of Case | Compensation Amount |
|---|---|
| Death | ₹2,00,000 |
| Grievous Injury | ₹50,000 |
| Simple Injury | ₹10,000 |
This compensation is paid from an insurance-backed fund, ensuring victims receive relief even when the offending driver remains unidentified or untraced.
Real-World Example: How Section 106 Works
Scenario 1 (Section 106(1) – Reporting):
A 28-year-old cab driver, while driving on a rainy night, hits a motorcyclist due to poor visibility. The motorcyclist sustains fatal injuries. The driver immediately stops, calls the ambulance, and reports the incident to police within 20 minutes. Despite the victim’s death, the driver’s prompt action triggers Section 106(1), resulting in a maximum 5-year sentence (with possibility of parole, reduced sentence, or acquittal if court finds the accident unavoidable).
Scenario 2 (Section 106(2) – Fleeing; if implemented):
A truck driver in a similar situation hits a pedestrian but panics and continues driving. Police locate the truck 3 hours later based on CCTV footage. If Section 106(2) is implemented, the driver faces up to 10 years imprisonment for fleeing the scene, regardless of whether the accident was intentional or merely negligent.
The difference: 5 years vs. 10 years—a direct consequence of post-accident behavior, not the accident itself.
What About Unintentional Accidents?
A common concern: “What if the accident wasn’t my fault?”
Legal Answer: You must still report it. The duty to report applies regardless of fault. Failure to report can result in penalties under MVA Section 187, and—if Section 106(2) is implemented—under BNS Section 106(2) as well.
However: Courts consider fault during sentencing. A driver who unintentionally caused an accident due to a sudden medical emergency (e.g., heart attack) or unavoidable road hazard may receive a lighter sentence or acquittal, especially if they reported the incident. Fleeing significantly weakens the driver’s legal defense.
Current Implementation Status: What’s Actually In Force?
| Provision | Status | Applies To |
|---|---|---|
| BNS Section 106(1) | ✅ IN FORCE (July 1, 2024) | Drivers who report accidents causing death by rash/negligent driving |
| BNS Section 106(2) | ⏸️ DEFERRED (Not yet implemented) | Drivers who flee accidents; awaiting stakeholder consultations |
| MVA Section 187 | ✅ IN FORCE | General failure to comply with accident duties (stop, assist, report) |
Bottom Line: As of January 2026, the 10-year hit-and-run provision (Section 106(2)) is not applicable, but drivers can still face up to 6 months imprisonment under MVA Section 187 for failing to report accidents.
Critical Questions Answered
Can a driver face jail time for hitting someone?
Yes. If the hit results in death and the driver doesn’t report it, penalties under BNS Section 106(1) apply immediately (up to 5 years). If Section 106(2) is implemented, fleeing could add another 5 years.
Is failure to report an accident a criminal offense?
Yes. Failure to report violates MVA Section 187 and BNS Section 106(1) (if death results). Penalties range from 6 months to 5+ years depending on circumstances.
What if the accident wasn’t the driver’s fault?
Drivers must still report. However, courts consider fault during sentencing. A driver found not at fault or facing circumstances beyond their control may receive reduced sentences.
When will Section 106(2) be implemented?
Unknown. The government is consulting with stakeholders. No date has been announced as of January 2026.
What about hit-and-run cases with injuries (not death)?
BNS Section 106 applies only to fatal accidents. Injuries are governed by MVA Section 187 and other provisions.
What Drivers and Vehicle Owners Should Know
- Report immediately: Staying at the accident scene dramatically reduces legal liability.
- Document everything: Take photos, get witness information, and cooperate with police.
- Seek medical help: Your first priority should be the victim’s survival.
- Know your rights: Fear of mob violence doesn’t justify fleeing legally; inform police of safety concerns instead.
- Insurance matters: Reporting the accident is typically required by insurance policies; fleeing may void coverage.
- Professional drivers: If you’re a truck or commercial driver, familiarize yourself with MVA Section 187 and BNS Section 106.
Conclusion
BNS Section 106 represents a fundamental shift in India’s approach to hit-and-run accountability. By introducing a graded punishment system—light sentences for reporting, severe sentences for fleeing—the law incentivizes responsible behavior and victim protection. While Section 106(2) remains deferred due to legitimate stakeholder concerns, Section 106(1) is actively enforced, and Motor Vehicles Act Section 187 continues to penalize drivers who fail to report accidents.
The intent is clear: India’s legal system now demands that drivers prioritize human life over self-protection. Whether you’re a professional driver, daily commuter, or occasional car owner, understanding these provisions is essential. In the event of an accident, report immediately, assist the victim, and cooperate with authorities—it’s both a legal obligation and a moral imperative that could reduce your sentence from years to months or result in acquittal if circumstances warrant.
As the government continues stakeholder consultations on Section 106(2), the legal landscape may evolve. Stay informed, drive responsibly, and always prioritize human safety on Indian roads.
Disclaimer: This article provides general legal information and should not be construed as professional legal advice. For specific legal concerns regarding hit-and-run cases or criminal liability, consult a qualified attorney licensed to practice in India.
