Hit and Run Law in India: A Contemporary Perspective

Hit and Run Law in India: A Contemporary Perspective

Introduction

India, like many other countries, faces the heinous crime of hit and run accidents on its roads. These accidents, accompanied by mob lynching in certain cases, have caused significant distress to society. In this article, we will delve into the prevailing hit and run law in India, analyze statistical figures, and explore the connection with mob lynching cases.

Statistical Figures

Hit and run cases have witnessed a distressing rise in recent years. According to the National Crime Records Bureau (NCRB), there were over 57,000 hit and run cases reported nationwide in 2019. Out of these, nearly 20,000 resulted in fatalities, leaving families devastated and seeking justice. These figures are alarming, highlighting the urgent need for an effective legal framework to tackle the issue.

Hit and Run Law in India

India has legislation in place to address hit and run cases. Section 161 of the Motor Vehicles Act, 1988, defines a hit and run offense as the act of causing an accident and fleeing the scene without offering any assistance to the victim. According to this law, the offender can face imprisonment for up to six months, a fine of up to ₹1,000, or both for the first offense. In case of a subsequent offense, the punishment may include imprisonment for up to two years, a fine of up to ₹2,000, or both.

Challenges and Loopholes

Despite having legal provisions, there are several challenges in implementing the hit and run law effectively. One major loophole is the difficulty in identifying the offender due to the lack of eyewitnesses or CCTV footage. This leads to delayed justice and increased frustration among the victims’ families.

Moreover, the NCRB statistics indicate that conviction rates in hit and run cases are relatively low. This indicates a need for better investigation techniques and a robust legal system to ensure swifter and effective justice delivery.

The Connection with Mob Lynching Cases

In certain instances, hit and run incidents have escalated to mob lynching, where bystanders and witnesses resort to vigilante justice. This phenomena is a reflection of the growing frustration and anger due to the perceived lack of justice from the legal system. Mob lynching cases not only pose a threat to societal harmony but also reveal the shortcomings in the prevailing legal framework.

To address mob lynching cases, the Indian government introduced the “Mob Lynching Prevention Bill” in 2019. This bill aims to impose strict penalties on mob violence, including lynching, and holds both individuals directly involved and those who instigate such acts accountable. However, comprehensive efforts should be made to address the root causes of these incidents, such as ineffective law enforcement and delays in justice delivery.

Amendment in Hit and Run Law 

The new hit-and-run law in India, under the Bharatiya Nyay Sanhita, imposes strict penalties for drivers who flee accident spots. According to the law, a driver who flees the scene after a hit-and-run accident will face up to 10 years in jail and a fine of ₹7 lakh . If he leaves without informing the police or any other offical.This law also applies to private vehicle owners.As result Indian government faces the backlash from the truck and Tank drivers.Nationwide all Driver’s do protest against Central Government for taking it’s review .Drivers feel this law put them at risk ,Even if the

Accident isn’t entirely their Fault. Moreover in rural areas cases of mob lynching take place on the accident site .But new law not gave such information regarding Mob lynching in case of Hit and Run.Therefor it is the appeal of drivers to Central government take review and gave the flexible Solution.The Impact of this one day protest is directly or indirectly affect the working of all sectors.

Conclusion

Hit and run cases, coupled with mob lynching incidents, continue to pose significant challenges to India’s legal system. To combat these gruesome crimes effectively, a multi pronged approach involving education, raising awareness, improving law enforcement, and expediting justice delivery must be adopted.

The hit and run law in India provides a legal framework to address such offenses; however, challenges and loopholes persist. It is imperative for the authorities to work towards improving investigation techniques, strengthening the legal system, and ensuring that justice is served promptly and effectively.

Furthermore, the prevention of mob lynching cases requires collaborative efforts to bridge the gap between the legal system and the public. Addressing the root causes of frustration and anger while simultaneously imposing strict penalties on mob violence will be crucial in safeguarding societal harmony and upholding the principles of justice in India.

Author -Harpreet Singh, a Student of Guru Nanak Dev University, Amritsar 

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