The government has proposed a new provision of up to 10-year jail term and fine for offending drivers in hit and run cases — if the accused flee from the scene or failed to report the incident to police or magistrate soon after the incident.

Hit and run cases are those where the driver of the vehicle that caused the road crash flees the scene.

The Bhartiya Nyay Sanhita, which was presented in the Lok Sabha on Friday (10 August) to replace the IPC, has also proposed to increase the jail term for death due to rash or negligent driving not amounting to culpable homicide up to seven years’ jail and fine as compared to the current provision under 304A of the IPC, which provides for 'up to two years’ jail or fine or both.

These proposed provisions are likely to prove to be deterrents for errant drivers, who often get away with paying fine or lesser jail term. Currently, the accused in hit and run cases after their identification are tried under Section 304A and hence they also get away with minor penalties in most of the cases.

Introducing the new provision under Section 104(2), the proposed law says, “Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide and escapes from the scene of incident or fails to report the incident to a police officer or magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to 10 years, and shall also be liable to fine”.

The proposed Bill has retained the same provision of the IPC for rash or negligent driving that endangers human life, or likely to cause hurt or injury to any other person. Such offence will attract punishment of up to six months jail or with fine which may extend to Rs 1,000 or with both.