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Section 106 of the Bharatiya Nyaya Sanhita

  • Published
    4th Jan, 2024

Context:

Drivers’ strike is a test for severity of hit-and-run clause in new penal code.

Scrutiny of BNS Provision

  • Introduction of Section 106: Bharatiya Nyaya Sanhita (BNS) introduces Section 106, treating hit-and-run accidents as an aggravated form of causing death by rashness or negligence.
  • Truck Drivers' Concerns: Section 106 raises concerns among truck drivers, leading to abstention from work.
  • Government's Response: The government assures implementation post-consultation with the All India Motor Transport Congress.

Transporters' Perspective

  • Strike Dynamics: Transporters' strike primarily triggered by drivers' fears of additional criminal liability.
  • Worker-Centric Issue: The issue shifts from concerns of those running transportation businesses to worries of transport workers.
  • Perceived Unjustified Protest: Understanding the strike against the backdrop of road accidents being a major cause of fatalities in India makes it unjustified.

Section 106 Components

  • Replacement of IPC Section 304A: Section 106 to replace IPC Section 304A, addressing death caused by rash and negligent acts with enhanced penalties.
  • Key Components of Section 106: Overview of Section 106, incorporating prison terms, fines, and reduced liability for medical professionals.
  • Hit-and-Run Dynamics: Clause imposes a 10-year imprisonment for failing to report accidents promptly, especially in hit-and-run cases.
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