Why Will Section 106(2) of the Indian Penal Code Not be Applicable on July 1?
In 2023, the Indian Parliament passed three new criminal laws set to replace the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure of 1898, and the Indian Evidence Act of 1872, effective from July 1, 2024. Among these new provisions is a particularly controversial clause in the Bharatiya Nyaya Sanhita (BNS), Section 106(2), which has been deferred from implementation. This article explores the reasons behind this postponement and its implications.
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Understanding Section 106 of the Bharatiya Nyaya Sanhita
Section 106 of the Bharatiya Nyaya Sanhita is poised to replace Section 304A of the Indian Penal Code, which deals with causing death by negligence or rash acts. The existing law prescribes up to two years of imprisonment. However, the new Section 106 comprises three key parts:
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- General Negligence Leading to Death: This provision increases the penalty for causing death through negligence or rash acts to up to five years of imprisonment and a fine.
- Medical Negligence: In cases where death results from medical negligence, the punishment is reduced to two years of imprisonment for registered medical practitioners.
- Hit-and-Run Cases: The most contentious part, Section 106(2), addresses hit-and-run incidents. It stipulates that if a driver causes death by reckless or negligent driving and flees without reporting to the police or a magistrate, they face up to ten years of imprisonment and a fine.
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The Controversy Surrounding Section 106(2)
Fear Among Drivers
Drivers often flee accident scenes due to fear of assault. The authorities believe that allowing them to safely report the incident is crucial. However, once the driver is identified, the onus is on the police to prove their negligence. Since many accidents occur due to poor road conditions, the law should perhaps consider broader measures, including imprisonment, compensation, and better road safety practices.
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Opposition from Transporters and Drivers
The introduction of Section 106(2) has faced significant opposition from transporters and drivers across India. Earlier this year, these groups went on strike, arguing that the stringent penalties unfairly target drivers, especially those in the transport sector. The protests highlighted the fear of long-term imprisonment for accidents beyond drivers’ control.
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Government’s Response and Deferral
In response to widespread opposition, the central government decided to defer Section 106(2). On January 2, the government assured transporter unions that this provision would not be implemented without further consultation. This decision was formally communicated by the Ministry of Home Affairs, stating that while most provisions of the new laws would come into effect on July 1, 2024, Section 106(2) would be delayed.
Need for Further Consultation
Union Home Secretary Ajay Bhalla emphasized that the decision to implement Section 106(2) would be made only after consulting the All India Motor Transport Congress. The government recognized the need for a balanced approach that addresses road safety and accountability while considering the concerns of transport workers.
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Training and Implementation Focus
One reason for the delay in implementing the new laws, including Section 106(2), is the need for extensive training of police officers and judiciary members. The government requested additional time to ensure that law enforcement and judicial officers are well-versed with the new legal framework. While Union Territories have prioritized this training, various states have shown less enthusiasm, necessitating more preparation time.
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Conclusion: Striking a Balance
The deferment of Section 106(2) reflects the government’s effort to balance stringent road safety laws with the legitimate concerns of transport workers. This decision underscores the importance of stakeholder consultation in the legislative process. As the implementation date for the new criminal laws approaches, it remains to be seen how the government will navigate the challenges to ensure fair treatment for all citizens.
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