Hit-And-Run Accidents Under The Bharatiya Nyaya Sanhita, 2023: Legal Reforms, Compensation Scheme, And Enforcement Challenges
- IJLLR Journal
- Jul 2
- 1 min read
Chandra Prakash Rajora, Department of Law, University of Rajasthan, Jaipur
ABSTRACT
The enactment of Section 106 of the Bharatiya Nyaya Sanhita, 2023 marks a transformative shift in India’s approach to vehicular offences, particularly hit-and-run cases resulting in death. Unlike its predecessor under Section 304A of the Indian Penal Code, this provision introduces a dual-layered criminal offence: causing death by rash and negligent driving, followed by fleeing the scene without informing law enforcement. By incorporating this aggravating element, the legislature aims to impose greater accountability, ensure timely medical intervention for victims, and address the moral and legal failure associated with abandoning accident sites.
This article undertakes a comprehensive analysis of Section 106 BNS, exploring its legislative intent, interpretative challenges, and alignment with broader principles of criminal justice. It also examines the legal framework of victim compensation through the no-fault Solatium Fund under the Motor Vehicles Act, focusing on its implementation, accessibility, and potential for reform.
Further, the article investigates constitutional concerns and the role of the judiciary in shaping the future trajectory of Section 106, alongside suggestions for legal clarity, improved institutional coordination, and civil society engagement.
Ultimately, the paper advocates for a victim-centric, fair, and enforceable road safety regime that balances deterrence with procedural safeguards. It argues that while Section 106 is a significant legal innovation, its efficacy will depend on robust implementation, judicial guidance, and systemic reforms in law enforcement and public awareness.
Keywords: Hit-and-Run Liability, Section 106 BNS, Victim Compensation
