With the truck drivers’ nationwide protest against a new penal provision in hit-and-run cases triggering panic buying of fuel and essential items in several states, the Centre on Tuesday stepped in, assuring transporters that a decision on enforcing the stringent provisions in such cases under the Bharatiya Nyay Sanhita will be taken only after consultation with the All India Motor Transport Congress (AIMTC).
Following the assurance from the Ministry of Home Affairs (MHA) at a meeting Home Secretary Ajay Kumar Bhalla held with the transporters, AIMTC member Amrik Singh said Tuesday evening that no strike call had been given by his union. “The drivers were protesting against the new provisions. After the meeting, the issue has been resolved,” he said.
Transporters’ associations across the country have been protesting for the past two days against provisions under the new code, as per which any driver who causes the death of a person by rash and negligent driving and flees from the spot will be jailed for up to 10 years and/or fined.
Truck drivers protesting at S P Ring Road near Ahmedabad Baroda Express Way. (Express Photo)
There was no specific provision for hit-and-run cases in the Indian Penal Code and action was taken under sections for causing death due to negligence, with a maximum jail term of two years.
After the meeting with representatives of the AIMTC, where the transporters demanded revocation of the stringent provisions, Bhalla told reporters, “We have taken cognizance of the apprehensions among vehicle drivers regarding provisions of 10-year punishment and fine provided for in BNS 106(2) and discussed the matter at length with representatives of the AIMTC.”
“The Government wants to convey that these new provisions and laws are yet to be implemented. We also want to state that a decision regarding the enforcement of BNS 106(2) will be taken only after discussions with the AIMTC. We appeal to the AIMTC and all vehicle drivers to return to work,” he said.
Rush at petrol pump at Landran road in Mohali. (Express photo by Jasbir Malhi)
At a press conference ahead of the meeting with Bhalla, the AIMTC demanded the withdrawal of the new penal provision.
“We are not demanding that those who drink and drive or drivers who drive rashly should be dealt with kid gloves. But there have been many cases where drivers have got involved in accidents for no fault of theirs and people have gathered in mobs to beat them up. Sometimes the mobs also burn the vehicle and the drivers have to run for their safety,” said AIMTC member Bal Malkit Singh.
“A truck costs Rs 50 lakh but is often carrying material worth crores, no driver would be stupid enough to leave their goods behind. The drivers know that they can be traced and in most cases drivers go back and surrender on their own,” he said.
“We had written to the Home Ministry on December 27, asking them to withdraw the law but it is extremely saddening that the government did not take cognizance of the letter and today the situation is so grave that this is the first time truck drivers are protesting in such massive numbers,” said Suniel Atri, another AIMTC member.
Nagpur: Truck drivers at a protest rally during their strike over the proposed legislation on hit-and-run cases under Bhartiya Nyaya Sanhita 2023, in Nagpur, Tuesday, Jan 2, 2024. (PTI Photo)
After the meeting with AIMTC members, the MHA said it had taken cognizance of the truckers’ concerns.
“The Centre wants to point out that these new laws and provisions have not yet come into force. We would also like to point out that the decision to invoke Section 106 (2) of the Bharatiya Nyay Sanhita will be taken only after consultation with the AIMTC,” it said in a statement, appealing to the truckers to return to their jobs.
Explaining a key provision in the new law, a source said if a driver accidentally hit someone and made a PCR call to inform police in time, they will face a lesser punishment of five years imprisonment. He said the duration of sentence in hit-and-run cases has been increased to 10 years because of observations made by the Supreme Court.
Long queues of vehicles including school buses outside petrol pumps in Mumbai and MMR. (Express Photo by Amit Chakrabarty)
“There are instances when the driver, after committing the accident, flees from the crime scene for fear of being attacked by a crowd or mob lynching. In such cases, the person can escape from the spot and call the police. If one calls the police, then they will escape harsh punishment,” an official said. “The Supreme Court has stated in multiple cases that strict action should be taken against those drivers who recklessly drive vehicles, cause accidents resulting in someone’s death, and then flee the scene.”
According to Section 106 (1) of the Bharatiya Nyaya Sanhita (BNS), causing death by any rash or negligent act not amounting to culpable homicide provides for a punishment of up to five years, while Section 106 (2) provides for a punishment of up to 10 years in hit-and-run cases where a person is killed and the driver escapes without reporting it to police or a magistrate soon after the incident.
Heavy rush at a petrol pump following the nationwide strike of truck drivers against a provision in the new penal law on hit-and-run accident cases, in ShimlaTuesday, Jan. 2, 2024. (PTI Photo)
The truck drivers have been protesting since Monday, leading to panic buying and affecting supplies in several states. Many cities such as DelhiMumbai, Kolkata and Hyderabad reported long queues of vehicles at fuel stations and depleted supply at the mandis.
In Chandigarhthe authorities imposed a cap for sale at fuel stations – two litres for two-wheelers and five litres for four-wheelers per transaction.
