The government’s decision to put the implementation of Section 106(2) of Bharatiya Nyay Sanhita (BNS) on hold while allowing the enforcement of other provisions of the three criminal laws from July 1 has been welcomed by truckers and transporters.
Decision To Put Section 106(2) On Hold
While talking on the subject, chairman of All India Motor Transport Congress (AIMTC) Bal Malkit Singh stated, “Govt has kept its commitment to AIMTC, drivers, truckers and the transport fraternity by refraining from implementing the contentious Section 106(2) of BNS.
The decision is a significant relief to the entire transportation sector. This clause has been a subject of concern and debate within the industry due to its potential implications on operations and compliance.”
“This issue had caused a nationwide stir amongst the truck driver community in Dec 2023 to Jan 2024. It is important to understand difficulties faced by truck drivers who are tirelessly working to keep our supply chains robust. The conditions on highways are stressful and demanding,” said the All India Transporters Welfare Association.
Besides this, the Bus and Car Operators Confederation of India also welcomed the government’s decision, hence indicating broader support within the transport industry for putting Section 106(2) on hold.
What Is Section 106(2) ?
According to the new provision under the Bharatiya Nyay Sanhita (BNS), in cases of fatal crashes where the accused flees from the site without reporting to authorities, they will face imprisonment for up to 10 years and be required to pay a fine.
This provision aims to address hit-and-run cases, which tragically claim around 50,000 lives annually.
Experts have raised concerns regarding the need for clarity in the rules regarding how an accused or driver should inform authorities after an accident, considering the potential risk of facing public anger at accident scenes.
They also emphasize the importance of ensuring that this provision is not misused.
Union Home Minister Amit Shah informed both Houses of Parliament that the government has introduced provisions for stricter penalties for individuals who flee the scene after causing a road crash and leave victims to die.
However, there will be leniency for those who voluntarily inform the police and assist in taking the injured to the hospital.
Notably, such provisions are not currently present in the Indian Penal Code.
