India’s transport and logistics industry witnessed unprecedented disruption in early January 2024 when truck drivers across the nation launched protests against new hit and run provisions under the Bharatiya Nyaya Sanhita (BNS), 2023. This legal reform, intended to enhance road safety and driver accountability, sparked significant concerns among commercial vehicle operators about its practical implications and enforcement challenges.
Understanding the New Hit and Run Law
The Bharatiya Nyaya Sanhita, which came into force on July 1, 2024, replaced the colonial-era Indian Penal Code (IPC) as part of India’s comprehensive criminal justice reform. Section 106 of the BNS introduced a two-tiered framework for addressing fatal accidents caused by rash or negligent driving.
Section 106(1) applies when drivers report the accident to police or a magistrate. The penalty includes imprisonment of up to five years and a fine. This provision recognizes driver accountability while acknowledging their cooperation with authorities.
Section 106(2) targets drivers who flee the accident scene without reporting the incident. Such cases attract imprisonment of up to ten years and a fine, representing a fivefold increase from the previous two-year maximum under IPC Section 304A.
The law aims to discourage hit and run accidents by creating strong disincentives for fleeing and incentives for remaining at the scene to assist victims and cooperate with investigations.
Previous Legal Framework
Before the BNS implementation, hit and run cases were governed by multiple provisions under the Motor Vehicles Act, 1988, and the IPC. Section 304A of the IPC addressed causing death by negligence with a maximum punishment of two years imprisonment, a fine, or both. This relatively lenient penalty was widely criticized as insufficient deterrent given India’s alarming road accident statistics.
Additionally, Section 161 of the Motor Vehicles Act provided compensation for hit and run victims—Rs. 25,000 for death and Rs. 12,500 for grievous hurt—amounts considered inadequate for addressing the actual losses suffered by families. The 2019 amendment increased these amounts to Rs. 2 lakhs for death and Rs. 50,000 for grievous hurt.
Why the New Law Was Introduced
India records the highest number of road accident fatalities globally, with over 172,890 deaths in 2023—a 2.6% increase from the previous year. This translates to approximately 474 deaths daily or 20 deaths every hour. Hit and run cases constituted a significant portion of these tragedies, with 47,806 such incidents reported in 2022 alone, causing 50,815 deaths.
The government introduced stricter penalties to achieve several objectives: ensuring victims receive timely medical assistance, facilitating proper accident investigation, holding drivers accountable for their actions, and creating a strong deterrent against reckless driving and fleeing accident scenes.
Impact on Truck Drivers and the Transport Sector
Immediate Industry Response
The announcement of Section 106(2) triggered widespread protests beginning January 1, 2024. Truck drivers, tanker operators, and bus drivers in states including Maharashtra, Gujarat, Rajasthan, Madhya Pradesh, West Bengal, Punjab, and Chhattisgarh blocked highways, refused to operate vehicles, and staged demonstrations. The strike disrupted fuel supply chains, created long queues at petrol pumps, and threatened essential goods transportation across the nation.
Primary Concerns Raised by Drivers
Transport associations and drivers expressed multiple concerns about the new provision. The tenfold increase in maximum imprisonment—from two to ten years—was seen as disproportionately harsh, especially for accidents caused by factors beyond driver control such as poor road conditions, fog, or mechanical failures.
Drivers emphasized the very real threat of mob violence following accidents. In Indian road accident scenarios, angry crowds often gather quickly and physically attack drivers before police can arrive. Many drivers explained they flee not to evade responsibility but to protect their own lives from immediate physical harm. Several recent incidents substantiated these fears, including cases where drivers were beaten to death by mobs following accidents.
The transport industry already faces a severe driver shortage, with approximately 25-30% deficit in commercial vehicle drivers. Industry representatives warned that harsh penalties would further discourage individuals from entering or continuing in this profession, potentially leaving an estimated 20 lakh trucks idle and disrupting India’s supply chain backbone.
Transport associations criticized the lack of consultation with stakeholders before implementing such significant legislation. The All India Motor Transport Congress (AIMTC) specifically noted that discussions with industry representatives could have identified practical challenges and developed more balanced solutions.
Drivers also pointed out the absence of comprehensive accident investigation protocols. The practice of automatically blaming larger vehicles without proper forensic analysis raises concerns about unjust accusations, particularly in cases where smaller vehicles are at fault or trucks are struck from behind.
Government Response and Current Status
Following three days of nationwide protests and disruption, the government engaged in dialogue with the AIMTC on January 2, 2024. Union Home Secretary Ajay Bhalla met with transport representatives and provided crucial assurances.
The government confirmed that Section 106(2) had not yet been implemented and would not be enforced without prior consultation with the AIMTC and other stakeholders. When the BNS officially came into force on July 1, 2024, the notification specifically excluded Section 106(2) from implementation.
As of November 2025, Section 106(2) remains under review and has not been implemented. Section 106(1), which applies to accidents where drivers report to authorities, is currently in effect and carries a maximum punishment of seven years imprisonment.
The government formed a joint committee comprising transport union representatives, legal experts, and bureaucrats to examine practical implementation challenges and consider potential amendments. This approach acknowledges the need for balancing road safety objectives with the legitimate operational concerns of commercial vehicle operators.
Long-term Industry Implications
The driver shortage crisis in India’s logistics sector has intensified. The current truck-to-driver ratio stands at approximately 55:100, down from 75:100 just a few years ago. With roughly 60 lakh trucks operating on Indian roads but only 36 lakh drivers available, at least 20 lakh trucks remain underutilized due to manpower constraints.
The demanding nature of truck driving—long hours away from home, inadequate rest facilities, low compensation (Rs. 20,000-25,000 monthly), harassment by authorities, and now heightened legal risks—makes the profession increasingly unattractive to younger generations. More than 50% of truck drivers develop health issues by age 40-42, further compounding retention challenges.
The shortage has significant economic ramifications, with estimated annual losses of approximately Rs. 60,000 crore due to logistics inefficiencies. For supply chain and operations professionals, this translates to increased freight costs, delivery delays, and reduced reliability in transportation networks.
Road Safety Context and Statistics
Understanding the broader road safety landscape provides important context for this legislation. In 2023, India recorded 480,583 road accidents resulting in 172,890 deaths and 462,825 injuries. Overspeeding contributed to 68% of fatalities, while two-wheeler riders accounted for 44.8% of deaths and pedestrians represented 20% of road crash victims.
Young adults aged 18-45 years constituted 66.4% of road accident victims, with the working-age group (18-60 years) accounting for 83.4% of total fatalities. These statistics underscore the urgent need for effective road safety measures while simultaneously highlighting the importance of ensuring such measures are practically implementable and fair to drivers.
Best Practices for Transport and Logistics Professionals
Given the current legal landscape, transport companies and logistics professionals should adopt several proactive measures. Comprehensive driver training programs should cover safe driving practices, accident response protocols, legal obligations under the BNS, and procedures for reporting accidents to authorities.
Companies should establish clear accident reporting procedures with 24/7 helplines for drivers to immediately contact company legal teams, document accident scenes through photographs and videos, and ensure timely reporting to police or magistrates within prescribed timeframes.
Installing dashcams and GPS tracking systems provides objective evidence in accident investigations and can protect drivers from false accusations. Investment in driver welfare through adequate rest facilities, competitive compensation, health insurance, and legal support demonstrates organizational commitment and improves retention.
Maintaining open dialogue with industry associations like AIMTC ensures transport companies stay informed about legal developments and participate in policy discussions affecting the sector.
Conclusion
The new hit and run law under the Bharatiya Nyaya Sanhita represents a significant shift in India’s approach to road safety and driver accountability. While the objective of reducing fatalities and ensuring victim assistance is commendable, the implementation challenges and practical concerns raised by the transport sector cannot be ignored.
The government’s decision to defer Section 106(2) implementation and engage in stakeholder consultations demonstrates a pragmatic approach to balancing road safety goals with industry realities. For supply chain, logistics, and transport professionals, staying informed about these legal developments and implementing best practices for driver safety, training, and legal compliance remains essential for operational success and regulatory adherence.
As India continues refining its road safety framework, collaborative approaches involving government, transport associations, and industry stakeholders offer the best path toward achieving safer roads while maintaining a viable, sustainable commercial transport sector.