Hit-and-Run Accidents: What Drivers Must Know About BNS Penalties and Reporting

A fatal road accident raises two urgent questions: what offence may apply, and what must the driver do after the collision? The answer is not simply “hit-and-run means ten years.”

Section 106(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS) is operative. Section 106(2), which contains the specific ten-year punishment for certain fatal driving cases followed by escape without reporting, was excluded from the BNS commencement notification. The latest verified judicial position is the Delhi High Court’s order of 15 July 2026, which records that Section 106(2) had not been notified. The Motor Vehicles Act, 1988 separately imposes post-accident duties.

 

At A Glance

Issue	Current position
Section 106(1) BNS	Operative; up to 5 years and a fine
Section 106(2) BNS	Enacted but not commenced, as per the latest verified position
Section 106(2) punishment	Up to 10 years and a fine
Motor Vehicles Act Section 134	Separate post-accident duties

 

 

Which BNS Provision Applies?

The starting point is the conduct alleged and the provision actually in force—not simply the label “hit-and-run.”

Section 106(1) Is Operative

Section 106(1) applies where a person causes death by a rash or negligent act that does not amount to culpable homicide. It provides for imprisonment of up to five years and a fine.

For a fatal accident, the relevant rash or negligent conduct and its connection with death must be established. A collision alone does not establish criminal liability.

Section 106(2) Is Enacted But Uncommenced

Section 106(2) covers death caused by rash and negligent driving followed by escape without reporting the incident to a police officer or Magistrate soon after it occurs. It provides up to ten years’ imprisonment and a fine.

 

S.O. 850(E), dated 23 February 2024, brought the BNS into force from 1 July 2024 while excluding Section 106(2). On 15 July 2026, the Delhi High Court recorded that Section 106(2) had not been notified and held that enforcement could not be directed without the required notification.

 

Therefore, the latest verified position is that Section 106(2) should not be presented as an operative ten-year offence.

 

This distinction matters for anyone researching the new hit-and-run law in India under BNS.

What Punishment Can Follow a Fatal Crash?

As per Section 106 BNS, punishment for drivers will be based on which provision is relevant to the facts of the case and whether all ingredients of that provision are satisfied.

Other Provisions That May Be Relevant

Section 281 BNS can be applicable in case the facts show rash or negligent driving on any public way. It is punishable by imprisonment up to six months, or a fine up to ₹1,000, or both.

The relevant sections in an FIR will depend on the circumstances of the case.

Duty of Reporting Is Different

Section 134 of the Motor Vehicles Act, 1988 imposes separate reporting obligations in cases of injury to a person or damage to third-party property.

Driver’s Obligations

Subject to statutory conditions and exceptions, the driver or person in charge of the vehicle should do the following:

●       Take necessary steps to provide medical assistance to the injured person.

●       Provide information which the police officer requires.

●       In the absence of a police officer, report to the nearest police station as early as possible, but in any case, within 24 hours.

●       Submit the accident report in writing to the insurer.

These requirements are important for understanding the road accident reporting deadlines in India. The 24-hour reporting requirement comes from Section 134 of the Motor Vehicles Act, not from the uncommenced BNS Section 106(2).

What Should a Driver Do After a Collision?

Where it is safe and reasonable to do so:

1. Pause and assess the situation. Determine injuries and danger, if any.
2. Arrange for medical help. Take the necessary actions as provided in section 134.
3. File report as required. Do so in accordance with the applicable police reporting obligation.
4. Preserve evidence. Retain dashcam recording, photos, surveillance camera information, car damage reports and communications.
5. Keep basic information. Make a note of time, place, vehicles and witnesses, if any.
6. Avoid destroying and tampering with evidence. Information related to the accident may be used in further proceedings.
7. If there is filing of an FIR, notice, seizure, arrest and court action against you in the aftermath of the accident, get your case reviewed legally.

Does Leaving the Scene Mean Ten Years?

No.

 

Section 106(2) cannot presently be treated as an operative ten-year offence while it remains uncommenced.

 

However, leaving the scene may still have legal significance. Investigators may examine:

●       whether medical assistance was arranged;

●       whether reporting duties were followed;

●       the circumstances of the driver's departure; and

●       evidence concerning the accident and subsequent conduct.

 

Post-accident conduct can still have legal significance.

What Happens After an FIR?

The process will be regulated under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Information in relation to cognizable offences will be regulated under Section 173, which allows for oral/electronic communication to the officer in charge of the police station, subject to certain statutory provisions.

 

The following are examples of evidence that can be considered:

●       CCTV footage/dashcam footage, photographs, medical reports, vehicle inspection documentation, witness statements, and electronic/digital records.

●       The Bharatiya Sakshya Adhiniyam, 2023 (BSA) regulates the law of evidence, including statutory provisions regarding electronic and digital records.

When Should Legal Review Begin?

Legal review becomes particularly important when a fatal or serious-injury accident has resulted in:

●       an FIR;

●       police investigation;

●       vehicle seizure;

●       a police notice;

●       arrest; or

●       court proceedings.

The FIR, sections invoked, accident records, medical material, vehicle documents and evidence should be examined together. The legal position may depend on the alleged driving, causation, post-accident conduct and available evidence.

The Current Legal Position

The legal position on fatal hit-and-run incidents requires distinguishing between an enacted provision and one that is currently in force. Section 106(1) BNS remains operative, while the ten-year punishment under Section 106(2) should not be treated as currently enforceable on the latest verified position. Separately, the Motor Vehicles Act imposes post-accident duties, including medical-assistance and reporting requirements. Drivers facing an FIR, seizure, arrest or other police action should have the specific allegations, documents and evidence reviewed rather than relying on the general “ten-year hit-and-run law” description.

Frequently Asked Questions

Is Section 106(2) currently in force?

As of 15 July 2026, the Delhi High Court recorded that Section 106(2) had not been notified.

Does every fatal road accident carry five years’ imprisonment?

No. The punishment that Section 106(1) states is five years at most and a fine, provided its elements are proven.

Is there any requirement for reporting an accident within twenty-four hours?

Yes. According to section 134, there is an obligation to report to the nearest police station as soon as possible, and if there is no police officer around, the person has an obligation to report within twenty-four hours, subject to its statutory requirements.

Does running away from the scene automatically constitute ten years?

No. Section 106(2) is still not commenced in the most recent verified status. Running away can have an effect on other relevant laws and duties after the accident.

What if an FIR has been filed?

An FIR, invoked sections, accident data and available evidence should be considered immediately. The relevant evidence must be kept, and one should get legal advice related to the particular situation.