New Hit and Run Law in India 2026 – Rules, Fine and Punishment

The new hit-and-run law in India comes under Section 106 of the Bharatiya Nyaya Sanhita (BNS), 2023. It introduced stricter punishment for causing death through rash or negligent acts, along with a separate provision for drivers who cause a fatal accident and escape without reporting it.

As of October 2026, BNS Section 106(1) is in force, but Section 106(2), which provides a maximum 10-year jail term for certain fatal hit-and-run cases, has not been implemented. Under the provision currently in force, causing death by negligence can result in imprisonment of up to five years and a fine.

The hit-and-run law attracted national attention after truck drivers and transport organisations protested the proposed 10-year punishment in January 2024.

Here is what the new law means for drivers, the punishment for hit-and-run cases, the truth about the ₹7 lakh fine, and what to do after a road accident.

New Hit and Run Law in India 2026 

This law distinguishes between an ordinary road accident, death caused by negligence, and a fatal accident followed by escape without reporting. They are not automatically the same offence.

What Is the New Hit and Run Law in India?

The new hit and run law refers primarily to Section 106 of the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code (IPC) from 1 July 2024.

A hit-and-run accident generally refers to a situation where a driver is involved in a road accident and leaves without fulfilling applicable reporting and assistance obligations.

However, the specific offence described in BNS Section 106(2) is narrower. It concerns causing death through rash or negligent driving and escaping without reporting the incident to a police officer or magistrate soon afterward.

Section 106 contains two important provisions:

Section 106(1): Punishes causing death through a rash or negligent act not amounting to culpable homicide. The maximum imprisonment is five years, along with a fine.

Section 106(2): Provides a maximum imprisonment of 10 years and a fine for causing death through rash or negligent driving and escaping without reporting the incident. This provision has not been brought into force.

The new rules attracted attention because commercial drivers feared severe punishment even in situations where remaining at an accident scene could expose them to violence.

Is the New Hit and Run Law Implemented in India in 2026?

The new hit and run law is only partially implemented.

The Central Government brought most provisions of the Bharatiya Nyaya Sanhita into force on 1 July 2024. However, Section 106(2) was specifically excluded from the commencement notification.

The Ministry of Home Affairs clarified that the decision to implement Section 106(2) would be taken after consultation with the All India Motor Transport Congress (AIMTC).

In July 2026, the Delhi High Court also considered a petition concerning the non-notification of Section 106(2). The court declined to direct its enforcement, explaining that notification of the provision was a matter for the government.

As of the latest official information verified for this article in October 2026, no subsequent commencement notification bringing Section 106(2) into force was identified.

Which Hit and Run Rules Are Currently Applicable?

Even though Section 106(2) has not been implemented, drivers can still face criminal or other legal consequences under provisions that are currently in force.

Hit and Run Punishment in India Under the New Law

The punishment for a hit-and-run case depends on what happened, whether anyone was injured or killed, the driver's conduct and the legal provisions applicable to the incident.

Punishment Under BNS Section 106(1)

If a person causes death through a rash or negligent act that does not amount to culpable homicide, Section 106(1) provides:

• Imprisonment of up to five years.

• A fine determined under the applicable legal process.

The prosecution must establish the elements of the offence. Merely being involved in an accident does not automatically prove criminal negligence.

Proposed Punishment Under BNS Section 106(2)

Section 106(2) provides:

• Imprisonment of up to 10 years.

• A fine.

• Application to specified fatal negligent-driving cases where the driver escapes without reporting the incident.

However, this provision has not been brought into force and should not be described as a currently enforceable 10-year punishment.

What Is the Fine for Hit and Run in India?

There is no fixed ₹7 lakh fine under BNS Section 106.

The provision refers to a fine but does not prescribe a fixed amount of ₹7 lakh or ₹10 lakh.

Criminal fines, accident compensation and insurance payments are different legal concepts.

The amount payable in a particular case depends on the applicable provisions, court orders and compensation arrangements.

Hit and Run Case Under the New Law – How Does It Work?

To understand how a hit and run case may be handled, consider three situations.

Case 1: A Driver Causes a Fatal Accident Through Negligence

Suppose a truck driver drives negligently and causes a fatal collision.

If the required legal elements are established, BNS Section 106(1) may apply.

The maximum punishment under this provision is five years imprisonment and a fine.

Case 2: A Driver Causes a Fatal Accident and Escapes

Suppose a driver causes death through rash or negligent driving and escapes without reporting the incident.

This is the conduct addressed by Section 106(2).

However, because that subsection has not been brought into force, authorities must rely on other applicable legal provisions currently in force.

Leaving the scene does not automatically mean that the proposed 10-year punishment applies.

Case 3: A Driver Leaves Because of Threats From a Crowd

Suppose a commercial driver is involved in an accident and an angry crowd gathers, creating a serious threat to personal safety.

The driver should prioritise immediate safety, contact the police and arrange medical assistance where reasonably possible.

The Motor Vehicles Act recognises circumstances such as mob fury when assessing the practicability of securing medical attention.

The driver should report the incident promptly rather than simply disappearing without informing authorities.

These examples are illustrative. Actual charges depend on evidence and the circumstances of each case.

Old Hit and Run Law vs New Hit and Run Law

Before the Bharatiya Nyaya Sanhita came into force, causing death by negligence was generally covered under IPC Section 304A.

The maximum imprisonment under IPC Section 304A was two years.

Under BNS Section 106(1), the maximum punishment increased to five years.

The proposed BNS Section 106(2) separately addresses certain fatal hit-and-run incidents, with a maximum 10-year punishment, but remains uncommenced.

New Driver Rules After a Road Accident in India

Drivers must follow accident-related duties under the Motor Vehicles Act even though BNS Section 106(2) has not been implemented.

Section 134 of the Motor Vehicles Act, 1988, explains important responsibilities after an accident involving injury or third-party property damage.

1. Stop Safely and Check for Injuries

If an accident occurs, stop in a safe location where possible and assess the situation.

Avoid creating further danger for other road users.

If someone is injured, arrange emergency assistance immediately.

2. Arrange Medical Assistance

Drivers must take reasonable steps to secure medical attention for injured people, subject to the statutory conditions and exceptions.

Call 112 for emergency assistance.

Do not move a seriously injured person unnecessarily unless there is an immediate danger or emergency personnel advise doing so.

3. Report the Accident to the Police

Provide the required information to a police officer when requested.

Where no police officer is present, Section 134 requires reporting the circumstances to the nearest police station as soon as possible and, in any case, within 24 hours.

The 24-hour period is a legal outer limit, not a reason to delay reporting.

4. Inform the Vehicle Owner and Insurer

If the accident involves a commercial vehicle, the driver should inform the truck owner or fleet manager promptly.

The owner should arrange insurance notification and preserve relevant vehicle documents.

5. Cooperate With the Investigation

Provide accurate information to the police and cooperate with lawful requests.

Avoid making false statements or interfering with evidence.

For serious accidents involving criminal allegations, obtain advice from a qualified lawyer.

What Happens if a Driver Runs Away After an Accident?

Leaving an accident scene can create additional legal complications.

The consequences depend on the nature of the accident, whether anyone was injured or killed, whether the driver complied with reporting duties and which legal provisions apply.

A driver who fails to comply with applicable duties under Section 134 of the Motor Vehicles Act may face consequences under Section 187.

Other criminal offences may also apply depending on the evidence.

The proposed 10-year punishment under BNS Section 106(2), however, cannot be treated as automatically applicable while that subsection remains uncommenced.

Why Did Truck Drivers Protest the New Hit and Run Law?

In January 2024, truck drivers and transport organisations protested the proposed punishment under Section 106(2).

The protests affected transport operations and fuel supplies in several parts of India.

Commercial drivers raised concerns about:

• The proposed maximum 10-year imprisonment.

• The risk of being attacked by crowds after an accident.

• Difficulties reporting accidents in unsafe conditions.

• The financial and legal burden on professional drivers.

• The need for consultation with transport organisations.

Following discussions with AIMTC representatives, the government clarified that Section 106(2) would not be implemented without further consultation.

The protests highlighted the need to balance road safety, justice for victims and the safety of commercial drivers.

Hit and Run Compensation in India

Compensation for hit-and-run accident victims is separate from criminal punishment imposed on a driver.

Under the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022, eligible claimants may receive compensation where the offending vehicle cannot be identified despite reasonable efforts.

These amounts are compensation under the scheme, not a fixed fine imposed on a driver.

Claims are subject to the scheme's eligibility requirements and procedures.

Is There a ₹7 Lakh Compensation Rule?

There is no universal rule requiring every hit-and-run driver to pay ₹7 lakh.

Compensation may arise under different provisions of the Motor Vehicles Act, insurance arrangements or court orders.

The amount depends on the circumstances and applicable legal framework.

It is important not to confuse victim compensation with the fine mentioned under BNS Section 106.

New Hit and Run Law PDF – Official Download Sources

If you are searching for the new hit and run law PDF, use official government documents to check the exact legal wording.

1. Bharatiya Nyaya Sanhita, 2023

The BNS contains Section 106(1) and Section 106(2).

Read the law to understand the difference between causing death by negligence and the proposed fatal hit-and-run provision.

Download or view the Bharatiya Nyaya Sanhita from the Ministry of Home Affairs

2. Ministry of Home Affairs Clarification

The Ministry of Home Affairs published an explanation addressing claims about the 10-year punishment and large fixed fines.

It also clarified the position concerning implementation of Section 106(2).

Read the Ministry of Home Affairs clarification PDF

3. Motor Vehicles Act, 1988

Section 134 explains the duties of drivers after accidents.

Section 187 deals with penalties for certain failures to comply with these duties.

Read the Motor Vehicles Act on India Code

Always check the latest government notifications before relying on an older PDF for the current implementation status.

What Does the New Hit and Run Law Mean for Truck Drivers?

The law is particularly important for truck drivers because commercial vehicles frequently operate on highways, carry heavy loads and travel long distances.

A serious accident can create legal, financial and operational problems for both drivers and fleet owners.

Truck operators should focus on preventive safety measures and clear accident-response procedures.

Keep Vehicle Documents Updated

Drivers and owners should maintain the required:

• Driving licence

• Registration certificate

• Insurance policy

• Fitness certificate, where applicable

• Commercial vehicle permit, where applicable

• Other legally required transport documents

Avoid Overloading

Overloading can affect braking, handling and vehicle stability.

Truck owners should understand permissible load limits and ensure vehicles are operated within their rated capacity.

For related information, read our 12 tyre truck load capacity guide.

Maintain Brakes, Tyres and Steering

Regular vehicle maintenance helps reduce avoidable mechanical risks.

Check brakes, tyre condition, steering components and lighting before long journeys.

Drivers can also follow our diesel truck maintenance guide for preventive maintenance principles. Always use the service schedule applicable to the vehicle being operated.

Train Drivers on Accident Reporting

Transport companies should explain what drivers must do after an accident.

Drivers should know how to contact emergency services, inform the police, notify the vehicle owner and preserve relevant information safely.

Clear procedures help avoid confusion during emergencies.

Conclusion

The new hit-and-run law in India has changed the punishment framework for causing death by negligence, but the proposed 10-year provision has not been implemented.

BNS Section 106(1) is in force and provides imprisonment of up to five years and a fine. Section 106(2), which deals with certain fatal accidents followed by escape without reporting, remains uncommenced under the official information reviewed.

Drivers must still follow accident-reporting requirements under the Motor Vehicles Act.

For truck drivers, transport companies and everyday motorists, the most important steps are to drive responsibly, maintain vehicles properly, assist injured people where reasonably possible and report accidents promptly.

Understanding the actual law is more useful than relying on social media claims about automatic 10-year imprisonment or a fixed ₹7 lakh fine.