Regarding 'Hit and Run' cases under Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), what is the maximum punishment if…

Question

Regarding 'Hit and Run' cases under Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), what is the maximum punishment if an offender causes death by rash and negligent driving and fails to inform a 'police officer' or 'Magistrate'?

1. A. Imprisonment up to 10 years and a fine (Correct answer)
2. B. Imprisonment up to 5 years and a fine
3. C. Life imprisonment
4. D. Imprisonment up to 7 years and a fine

Correct Answer

Option A — Imprisonment up to 10 years and a fine

Detailed Solution & Explanation

The correct answer is Imprisonment up to 10 years and fine.

Key Points

• Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 deals with causing death by rash and negligent driving where the driver flees without reporting the incident to a police officer or magistrate.
• The prescribed maximum is imprisonment up to 10 years, along with a fine.
• The heavier penalty attaches specifically to the failure to report — the same act with prompt reporting falls under the lighter provision.

Additional Information

• Section 106(1) covers death by rash or negligent act not amounting to culpable homicide, with a lesser maximum term.
• The BNS replaced the Indian Penal Code, 1860, taking effect on 1 July 2024, alongside the BNSS (replacing the CrPC) and the BSA (replacing the Evidence Act).
• The hit-and-run provision drew significant public attention on implementation, and its enforcement was deferred following consultations with transport bodies.
• The rationale for the enhanced punishment is that prompt reporting can be the difference between survival and death for the victim.