What is the new punishment for 'Hit and Run' cases under the BNS?

The Bharatiya Nyaya Sanhita, 2023 introduced a sharper, two-tier regime under Section 106:

(1) Section 106(1) — causing death by a rash or negligent act not amounting to culpable homicide — up to 5 years' imprisonment plus fine. For a registered medical practitioner performing an act in good faith, the maximum is 2 years.

(2) Section 106(2) — causing death by rash or negligent driving AND escaping without reporting to a police officer or Magistrate soon after the incident — up to 10 years' imprisonment plus fine.

The difference between 5 and 10 years is the act of fleeing. The law specifically targets drivers who abandon victims to die — historically a major problem on Indian roads. The 10-year provision applies regardless of whether the driver was at fault or simply a participant in the chain of events.

Indian roads see a high proportion of preventable deaths because drivers panic and flee, leaving accident victims without help. The new BNS provision attacks this directly:

(1) Reporting AT or NEAR the scene — if the driver stops, takes the victim to hospital, and reports the accident to police, the matter is tried under Section 106(1) (5 years max);
(2) Reporting LATER from elsewhere (e.g., from home an hour later) — the Supreme Court has indicated this can be considered if done genuinely 'soon after' the incident;
(3) Fleeing without reporting — triggers Section 106(2) (10 years max).

This is why even if you are not at fault, you must stop and report. Fleeing converts a difficult civil/insurance matter into a serious criminal offence. Good Samaritan protection under Section 134A of the MV Act, 1988 protects you from harassment by police or hospital — there is no reason to flee a legitimate accident.

Three parallel routes for victim families:

(1) MACT claim under Section 166 of the Motor Vehicles Act, 1988 — if the offending vehicle is identified and insured, full compensation following the 'Multiplier Method' under Sarla Verma v. DTC, (2009) 6 SCC 121. Typical awards: ₹10 lakh to ₹2 crore;

(2) No-fault liability under Section 164 — fixed ₹5 lakh for death, ₹2.5 lakh for grievous hurt — without proof of fault, against the offending vehicle's insurer if known;

(3) Hit-and-Run Compensation Scheme under Section 161 — interim ex-gratia of ₹2 lakh for death and ₹50,000 for grievous hurt from the Motor Vehicle Accident Fund (administered by GIC). Available even when the offending vehicle/driver remains unidentified.

File the Section 161 claim with the District Magistrate or the Claims Enquiry Officer. For full MACT claims, file with the MACT bench having jurisdiction over the accident or victim's residence. Engage a reputable, specialised motor accident lawyer.

False or mistaken hit-and-run accusations happen — wrong vehicle identified, partial registration captured, or genuine accident reported as flight.

Step 1 — Engage a reputable, specialised criminal lawyer immediately. Hit-and-run is a non-bailable offence under Section 106(2) BNS.

Step 2 — Apply for anticipatory bail under Section 482 BNSS. Speed matters — apply BEFORE arrest if possible.

Step 3 — Gather evidence of your version:
(1) Vehicle location data — your toll records (FASTag), Google Timeline, dashcam, CCTV from your home/parking;
(2) Witnesses of your whereabouts;
(3) Servicing records showing the vehicle had no impact damage;
(4) Photographs of the vehicle taken before and after the alleged incident.

Step 4 — Cooperate with the investigation — voluntary appearance with legal counsel is far better than evasion (which itself can be characterised as 'fleeing').

Yes — Section 106(2) BNS targets a specific intent (fleeing after rash/negligent driving causing death). Available defences:

(1) No rashness or negligence — if the death was caused by the victim's own negligence (jaywalking suddenly, drunk pedestrian, opposing vehicle at fault), the foundational element of Section 106 is missing;
(2) You did not flee — you stopped, rendered aid, and reported in good time. Phone records, hospital admission records, CCTV all help;
(3) You were not driving — vehicle was being driven by someone else, or had been stolen;
(4) You were not the offending vehicle — mistaken identification of the registration number;
(5) The death was caused by separate factors — pre-existing medical condition, delayed medical care for unrelated reasons;
(6) Inevitable accident — sudden mechanical failure, third party action.

Per Jacob Mathew standards, the prosecution must prove rashness or negligence beyond reasonable doubt. The mere fact of an accident is not enough. Engage a reputable, specialised criminal lawyer; consider also our car accident guide.