By Advocate Ajay Malik | Supreme Court, Delhi High Court & District Courts
No one leaves their house intending to get into a car accident. But driving in the chaotic traffic of Delhi NCR, tragedies happen in a fraction of a second. In the past, the immediate reaction of many drivers involved in a fatal crash was to panic and flee the scene out of fear of public anger.
Under the old laws, this was a risk people took because the punishment for negligence was relatively light. That era is over. With the implementation of the new Bharatiya Nyaya Sanhita (BNS), running away from an accident will destroy your life.
Understanding Section 106 of the BNS
The government has completely overhauled the laws regarding death by negligence on the road, specifically targeting the “Hit and Run” epidemic. Here is what Section 106 actually says:
The “Hit & Run” Penalty (Section 106(2))
If you cause the death of any person by rash and negligent driving, and you escape from the scene without reporting the incident to a Police Officer or a Magistrate soon after the incident, you shall be punished with imprisonment which may extend to 10 years, and shall also be liable to a fine.
What if you stay or report it? (Section 106(1))
If you do not flee, or if you immediately report the incident, the offense falls under Section 106(1), which carries a significantly lower penalty (up to 5 years). More importantly, your conduct shows the court that you lacked malicious intent, making it much easier for your advocate to secure bail.
The Fear of Mob Violence: What to Do?
As a defense lawyer, clients always ask me: “Sir, if I stay at the scene of a fatal accident in India, the public might lynch me. How can I stay?”
The law does not expect you to stay and get beaten up. If a hostile crowd is gathering and your life is in immediate danger, you must secure your safety first, but you MUST report it. 1. Drive or run to a safe distance.
2. Immediately dial 112 (Police Emergency).
3. Alternatively, drive straight to the nearest police station to surrender and report the facts.
As long as you report the incident “soon after,” the police cannot legally slap the 10-year Hit & Run charge on you.
Need Urgent Legal Help?
If you or a family member are involved in a severe road accident, do not give statements to the police without a lawyer present. The way an FIR is drafted dictates the rest of your life.
Emergency Bail Assistance
Advocate Ajay Malik
(Supreme Court, Delhi High Court & District Courts)
📍 Office: A-52, B1 Floor, Sector-19, Dwarka, New Delhi-75
📱 Emergency WhatsApp/Call: +91-8766252309