The Indian Express ·
Gurugram crash case reveals a legislative defect
Opinion Gurugram crash case reveals a legislative defect
Parliament has recognised that causing death negligently and then fleeing deserves a more serious response than negligent driving alone. The provision enacted to give effect to that principle, however, remains unavailable
Whether a crash victim survives or dies can radically alter how the law treats a driver who causes the collision and flees. Section 106(2) of the Bharatiya Nyaya Sanhita provides imprisonment of up to 10 years when negligent driving causes death, and the driver escapes without reporting the incident. The provision, however, was excluded when the other provisions of the BNS came into force and remains unenforced. If the victim survives with grievous injuries, no comparable offence exists even on paper.