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How The New Hit-And-Run Law Is Different From The Old | EXPLAINED

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The New Year in India began with massive traffic jams across many parts of the country. Complaints upon complaints piled on social media about people being stuck in hours-long traffic snarls. Ambulances remained stuck for long periods of time. Many returning home for vacation on January 1, had to go back where they started. All this because — Indian truck drivers are on strike.

Truck drivers across the country have called for a three-day protest against the new hit-and-run law that has come as part of the Bharatiya Nyaya Sanhita, the criminal law code set to replace the colonial-era Indian Penal Code IPC.

Protesting truck drivers have called the new hit-and-run law draconian, and have pointed to bias against larger vehicles on the roads. Truck drivers are opposed to the new law because they claim there is an “unsaid rule of blaming larger vehicles”.

What is the New Hit-And-Run Law?

What is being called the new hit-and-run law is really Section 104 of the Bharatiya Nyaya Sanhita (BNS), which establishes the punitive action for ‘Causing death by negligence’.

This is what the new law states:

104(1) Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

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104(2) Whoever causes death of any person by doing rash or negligent act not amounting to culpable homicide and escapes from the scene of incident or fails to report the incident to a Police officer or Magistrate soon after the incident, shall be punished with imprisonment of either description which may extend to ten years, and shall also be liable to fine.

What is the Hit-And-Run Law as per the IPC?

The law covering hit-and-run incidents is described under Section 304 A of the Indian Penal Code (IPC). The extant law is described as follows:

Section 304(A) of IPC: “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

source by: Times Now News

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