Section 106 of the Bharatiya Nyaya Sanhita

Protests has been organized against Section 106 of the Bharatiya Nyaya Sanhita, which is related to hit-and-run cases, in states such as Gujarat, Rajasthan, Maharashtra, and Madhya Pradesh.

About Section 106 of the Bharatiya Nyaya Sanhita:

• Under the new law, drivers who cause a serious road accident due to negligent driving and flee without informing the police or any administration official can face punishment of up to 10 years in prison or a fine of Rs 7 lakh.
• The new law replaced Section 304A of the colonial-era Indian Penal Code.
• The existing Section 304A imposes a two-year jail term, while Section 106 introduces three components:
  • First component prescribes up to five years in prison and a fine for causing death due to rash or negligent acts.
  • Second component reduces criminal liability to two years for registered medical doctors if death occurs during a medical procedure.
  • Third component addresses hit-and-run cases, imposing imprisonment up to 10 years and a fine if the person involved fails to report the incident to authorities.

Issues with the law:

• Private transport operators argue that the law discourages drivers and may result in unjust punishments.
• They express concerns that drivers could face mob violence when trying to transport the injured to hospitals.

About Section 304A of the Indian Penal Code:

• Section 304A of the Indian Penal Code addresses causing death by negligence or rash acts, prescribing a maximum punishment of two years’ imprisonment, fine, or both for offenses that do not amount to culpable homicide.
• The section focuses on the terms “negligent act” and “rash act,” defining negligent acts as acts or omissions causing damages to another person’s property and rash or negligent acts as those being the immediate cause of death.
• ‘Rash act’ refers to actions done restlessly, while a ‘negligent act’ involves a breach of duty due to the omission of something that a reasonable person would do.

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