Introduction: Hit and run occurrences, unfortunately, have become a grim truth on Indian roads. This happens when a driver, crashes into a vehicle or a pedestrian and runs away without identifying him/herself as the offender of the crash. This article highlights the legal principles governing hit-and-run situations and the amendments that have enhanced compensation and fines.
Hit-and-Run Incidents in India: The startling numbers indicate that incidents of hit-and-run constitute more than 30 % of all road accidents in India. Scarily, just 10 percent of the offenders get punished. Frequently those accidents are driven by carelessness and neglecting the wellbeing of others.
Legal Implications and Recent Amendments: The Motor Vehicle Act, of 1988, prescribes various penalties for those found guilty in hit-and-run cases. Sections 279, 304A, and 338 of the IPC will apply to such cases. The recently enacted Motor Vehicles (Amendment) Act, created in 2019, has increased fines and compensation for the victims.
Hit & Run Provision then: The Motor Vehicles Act, 1988 includes legislation that imposes severe punishment on an individual involved in a hit-and-run accident. According to Section 161 of the Motor Vehicles Act, Hit-and-run is defined as “an accident arising out of the use of a motor vehicle(s) the identity whereof cannot be ascertained despite reasonable efforts for the purpose.”
Sections 279, 304A, and 338 of the Indian Penal Code (IPC) are imposed on the offenders of hit-and-run incidents.
- Any person who drives the vehicles rashly on public roads will be guilty of making an offence under section 279 of the Indian Penal Code. As per this section, the driver may face imprisonment for 6 months, a fine of Rs 1000 or both for rash driving or injuring another person on the road. The offence committed under section 279 is bailable and is cognizable by the district magistrate.
- If a driver who is not under the influence of alcohol or any other intoxication leads to the death of a person in an accident, the crime is reported under section 304A of the Indian Penal Code. The driver may face imprisonment for a year which may be extended up to 2 years with a fine of more than Rs 1000 or both. 304A is a non-bailable offence, and an individual can be convicted by lifetime imprisonment.
- In some of the extreme cases, the police may also report a hit-and-drive case under 302 of the IPC, which is a section related to the murder. A driver booked under Section 302, may face a death sentence or life imprisonment.
- In the cases of Hit & Run where minors are involved, the act imposes 3 years of jail to the parents of the minor, along with some hefty fines
Below are the penalties which are enhanced after the amendment in Hit & Run Laws:
| Circumstances | Old Compensation | New Compensation |
| Death of the victim | Rs. 25,000 | Rs. 2,00,000 |
| Bodily Injury of Victim | Rs. 12,500 | Rs. 50,000 |
Legal and Civil Responsibilities – Except for the financial penalties, hit-and-run offenders will also face the revocation of their driver’s license, enormous fines, and imprisonment. Amended Motor Vehicles Act also includes the Motor Vehicle Accident Fund which provides immediate financial assistance to the victims.
Role of Insurance Companies: Insured persons who are the family members of the deceased may receive indemnity from insurance companies if the offender has corresponding third-party insurance. Victims of hit-and-run accidents are counselled to have complete coverage insurance to be able to claim for injuries.
Understanding RTO Services: The Regional Transport Office (RTO) acts as a straightforward enabler concerning the issuing of driving documents and vehicle registration. Services like payment of taxes and online transactions can be availed through the official RTO website or mobile apps.
Conclusion: Penalties for hit-and-run offenders are going to be increased and they will be regulated more strictly which will help to create safer roads in India. Yet, the effectiveness of these medicines relies on how society has to participate in the collective adherence to the traffic rules and being responsible for driving.
Through acceptance of these changes and adhering to traffic rules we can contribute to safer driving for all.