Hit-and-run accidents in India—where a driver causes harm and flees the scene—have serious legal and moral consequences. Indian law provides stringent provisions for such offences, and recent updates under the Bharatiya Nyaya Sanhita (BNS) 2023 strengthen penalties. This blog explains the legal framework, key judicial precedents, victim compensation schemes, and the correct steps to follow if involved.
(Legal Framework and Penalties)
| Law/Act | Provision | Penalty | Notes / Citation |
|---|---|---|---|
| Section 279 IPC / BNS 2023, Section 279 | Rash or negligent driving on a public way endangering human life | Imprisonment up to 6 months, fine up to ₹5,000, or both | Covers driving/riding that risks human life. Example: Sanjeev Nanda BMW case, 1999 |
| Section 304A IPC | Death caused by negligent driving (not amounting to culpable homicide) | Imprisonment up to 2 years, or fine, or both | Standard IPC provision for negligent deaths |
| BNS 2023, Section 106(2) | Hit-and-run causing death while fleeing the scene | Up to 10 years imprisonment + fine | Cognizable and non-bailable; stricter penalty for fleeing drivers |
| Motor Vehicles Act, Section 161 & Scheme 2022 | Victim compensation for hit-and-run | ₹2 lakh (death), ₹50,000 (grievous injury); police must inform victims | Ensures compensation under a structured scheme |
Observations:
Earlier, many innocent informers reporting hit-and-run cases faced harassment by police and social suspicion. This discouraged reporting, causing victim injustice. Courts and government authorities now provide safeguards to protect informers and ensure proper compensation for victims.
Landmark Judicial Precedents
• State vs Sanjeev Nanda (1999 BMW Case): A BMW hit police officers at high speed, and the driver fled. Nanda was eventually convicted, sentenced to imprisonment, fined, and required to do community service. This case became a benchmark in hit-and-run law.
• S. Rajaseekaran v. Union of India, Supreme Court (2024): The Supreme Court directed police to inform victims about the online compensation scheme under Section 161. The ruling highlighted low claim filings and recommended annual review of compensation amounts.
What to Do If Involved in a Hit-and-Run
1. Stop Immediately – Fleeing worsens legal consequences.
2. Call Emergency Services – Dial 108 for ambulance or 112 for police help.
3. Help the Injured – Provide first aid if possible; be a responsible citizen.
4. Report the Incident – File a First Accident Report (FAR) with police.
5. Request Information on Compensation – Police must provide guidance on Section 161 schemes.
6. File a Claim – Apply for compensation through the Motor Vehicles Act compensation scheme.
Conclusion;
Hit-and-run accidents have both legal and moral implications. Indian law imposes stricter penalties on those who flee, especially under BNS 2023 Section 106(2). Victims are entitled to compensation, and recent judicial rulings strengthen these rights. Remaining at the scene, assisting the injured, and understanding your legal protections are crucial for justice and public safety.
Disclaimer:
This blog is intended for general informational purposes and does not substitute professional legal advice.