Section 106 BNS is the provision most people mean when they ask about the hit-and-run law in India. It deals with causing death by negligence and replaced Section 304A of the Indian Penal Code, 1860 (IPC). This guide is written for drivers, accident victims’ families, and law students, so legal terms are explained in plain words as they appear.
What Does Section 106 BNS Say?
The Bharatiya Nyaya Sanhita, 2023 (BNS), India’s new main criminal code, came into force on 1 July 2024. Section 106 covers death caused by a rash or negligent act. “Rash” means acting without caring about the consequences, and “negligent” means failing to take reasonable care.
- Section 106(1): Death caused by a rash or negligent act that does not amount to culpable homicide (killing that falls short of murder). The punishment is up to five years’ imprisonment and a fine. A registered medical practitioner acting during a medical procedure faces up to two years and a fine.
- Section 106(2): Death caused by rash and negligent driving, where the driver escapes without reporting to a police officer or Magistrate soon after. The punishment is up to ten years and a fine.
Is Section 106(2) in Force?
Not yet. On 2 January 2024, the government announced it would not bring Section 106(2) into force without further consultation, after truckers’ protests. The Delhi High Court has also held that fixing the date of commencement is for the Central government, not the court. More than a year after implementation, the provision was still described as under review and not implemented.
In practice, even where an FIR mentions Section 106(2), the accused can only be prosecuted under Section 106(1). Always check the latest government notification.
Section 106 BNS vs IPC 304A: Comparison Table
| Feature | IPC 304A (repealed) | BNS 106(1) | BNS 106(2) |
|---|---|---|---|
| Maximum jail term | 2 years | 5 years | 10 years |
| Fine | Yes | Yes | Yes |
| Escaping without reporting | Not specific | Not covered | Core element |
| Bail | Bailable | Bailable | Non-bailable |
| Status | Repealed | In force | Not yet notified |
Related Provisions in Hit and Run Cases
Under the BNS:
- Section 281: rash driving on a public way, with up to six months, a fine up to Rs 1,000, or both.
- Section 125: acts endangering life or personal safety of others, which covers non-fatal accidents.
- Section 105: culpable homicide not amounting to murder, which can apply if the driver knew death was a likely result.
Under the Motor Vehicles Act, 1988 (MV Act):
- Section 132: duty to stop after an accident.
- Section 134: the driver must secure medical help for the injured and report to the nearest police station within 24 hours.
- Section 134A: protects Good Samaritans (people who help accident victims) from civil and criminal liability.
- Section 187: penalties for breaching these duties.
- Section 161: compensation for hit and run victims.
What a Driver Must Do After an Accident
Accident → Stop the vehicle → Help the injured to a hospital
→ Report to police (within 24 hours at most) → Share details with owner/insurer
→ Cooperate with the investigation
How the Case Proceeds
Procedure follows the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure. Police register an FIR (First Information Report), investigate and file a charge sheet, and a Magistrate conducts the trial. Offences under Section 106(1) are cognizable (police can arrest without a warrant) and bailable (bail is a right). Section 106(2) is classified as non-bailable.
Compensation for Victims
Where the vehicle cannot be traced, Section 161 of the MV Act and the Hit and Run Motor Accident Victims Compensation Scheme, 2022 provide Rs 2 lakh for death and Rs 50,000 for grievous injury. If the vehicle is identified, a claim can be made against the driver’s insurer before the Motor Accident Claims Tribunal.
FAQs
Generally, up to five years and a fine under Section 106(1), plus penalties under Section 281 BNS and the MV Act.
No. Section 106(2) has not been notified.
Section 106(1) is bailable. Section 106(2) is non-bailable once it takes effect.
Section 134 of the MV Act requires it. Report immediately if you can.
Section 106(1) BNS.
Curious for more? The reference book has it.
